Telangana High Court
Mukthevi Girish vs The State Of Telangana on 7 October, 2025
Author: B. Vijaysen Reddy
Bench: B. Vijaysen Reddy
HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.24942 OF 2023
ORDER:
This writ petition is filed seeking to declare action of respondent No.4 - the Assistant Superintendent of Police, Palvancha, Bhadradri- Kothagudem District, in opening rowdy-sheet against the petitioner vide Proceedings C.No.32/SDPO-PVC/2022 dated 04.02.2022.
2. Mr. Rapolu Bhaskar, learned counsel for the petitioner, submitted that the impugned proceedings are arbitrary, illegal and in violation of principles of natural justice and also Articles 14 and 21 of the Constitution of India. The petitioner worked as President of National Students Union of India (NSUI) of Kothagudem-Bhadradri District from 2017 to 2022. The petitioner had been agitating against several policy issues of the Government and he conducted dharnas before the offices of the Collector and the District Educational Officer and also protest programmes against the ruling party. As the petitioner did not heed to the requests of the ruling party, they had bore grudge against him and got registered the following false cases against him:
2
BVR,J WP_24942_2023
1. Crime No.352 of 2020 for the offences under Section 151 of the Code of Criminal Procedure 1973 (Cr.P.C.) of Palvancha Town Police Station.
2. Crime No.269 of 2021 for the offences under Sections 143, 447, 506 and 294-B read with Section 149 of the Indian Penal Code 1860 of Palvancha Town Police Station.
3. Crime No.409 of 2021 for the offences under Sections 294-B, 341, 447 of the Indian Penal Code 1860 and Sections 3(2)(va), 3(1)(r) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 2015 of Palvancha Town Police Station.
4. Crime No.02 of 2022 for the offences under Sections 302, 306 and 212 of the Indian Penal Code 1860 of Palvancha Town Police Station.
3. It is further submitted by the learned counsel for the petitioner that the crime shown at Serial No.1 was registered under Section 151 of Cr.P.C. which cannot be treated as a crime for the purpose of opening a rowdy sheet. Section 151 of Cr.P.C. is a special power conferred on the police to arrest a person for preventing commission of cognizable offence. Further, the crime shown at Serial Nos.2 and 3 are related to property disputes and the petitioner was intentionally implicated in those crimes. Learned 3 BVR,J WP_24942_2023 counsel placed on record a copy of the judgment in Special Sessions Case No.249 of 2021 dated 08.01.2025 passed by the learned Special sessions Judge for trial of the cases under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, Khammam.
4. In the counter affidavit filed by respondent No.5 - the Deputy Superintendent of Police, Palvancha Town Police Station, Bhadradri- Kothagudem District, it is submitted that the petitioner is a habitual offender. Rowdy sheet was opened against him for his involvement in four (4) offences. Even after opening rowdy sheet, the petitioner is involved in another case in Crime No.121 of 2023 of Palvancha Police Station which is pending trial in C.C. No.1291 of 2023 before the learned Judicial Magistrate of First Class, Palvancha. Hence, it is incumbent on the part of the police to open rowdy sheet and keep watch on the activities of the petitioner for curtailing his unlawful activities.
5. Learned Assistant Government Pleader for Home submitted that rowdy sheet is opened against the petitioner in accordance with the Standing Order No.601 of the Andhra Pradesh, and therefore, the writ petition is liable to be dismissed.
4
BVR,J WP_24942_2023
6. As seen from paragraph No.3 of the counter affidavit filed by respondent No.5, Crime No.352 of 2020 was closed. Thus, out of four crimes, based on which rowdy sheet was opened against the petitioner, only three crimes mentioned at Serial Nos.2, 3 and 4 are pending. However, as per the judgment in Special Sessions Case No.249 of 2021 dated 08.01.2025, Crime No.409 of 2021, which is mentioned at Serial No.3 wherein charge sheet was filed and petitioner was tried, ended in acquittal of the petitioner.
7. It is contended by the learned counsel for the petitioner that crime at Serial No.2 is related to civil dispute. However, this Court is not inclined to go into such contention as it may not be necessary for disposal of this writ petition. This Court in Mansoor Shah Khan v. State of Telangana (W.P. No.22980 of 2020 dated 01.06.2021) held that a person cannot be labelled as a habitual offender unless he is involved in more than two crimes. Out of four crimes based on which rowdy sheet was opened, two cases have been closed and thus the petitioner cannot be labelled as a habitual offender.
5
BVR,J WP_24942_2023
8. For the aforesaid reasons, the writ petition is allowed quashing the rowdy sheet opened against the petitioner in Proceedings C.No.32/SDPO- PVC/2022 dated 04.02.2022 by respondent No.4. However, as it is contended by the learned Assistant Government Pleader for Home that even after opening rowdy sheet against the petitioner, he was involved in Crime No.121 of 2023 of Palvancha Police Station which is pending trial in C.C. No.1291 of 2023 before the learned Judicial Magistrate of First Class, Palvancha, liberty is given to respondent No.5 to open rowdy sheet against the petitioner if he is involved in more than two crimes and the conditions prescribed in Standing Order No.601 of the Andhra Pradesh are attracted. No order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed.
______________________ B. VIJAYSEN REDDY, J October 7, 2025.
NOTE: CC BY TODAY. (BO).PV