Telangana High Court
Abdullah Bin Younus Yafai Abdulla ... vs The State Of Telangana on 26 April, 2024
Author: B. Vijaysen Reddy
Bench: B. Vijaysen Reddy
THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.42944 OF 2022
ORDER :(ORAL) This writ petition is filed by the petitioner seeking to declare the action of respondents No.5 in opening rowdy sheet against the petitioner as being illegal, arbitrary and unconstitutional.
2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home, and perused the material available on record.
3. In the counter affidavit filed by respondent No.4, it is stated that rowdy sheet was opened against the petitioner vide proceedings No.789/OW/Divn-Fn/2011, dated 21.06.2011, and the same was renewed vide proceedings No.01052/CGPS/Renewal/2022, dated 01.01.2022. It is further stated that petitioner is involved in five (5) criminal cases. However, three (3) cases, (1) Crime No.37 of 1993 registered for the offence punishable under Sections 302 read with Section 34 of Indian Penal Code (for short 'IPC') with Chandrayangutta Police Station, (S.C. No.76 of 1998) (2) Crime No.262 of 2005 registered for the offences punishable under Sections 147, 148, 324, 307, 427, 452, 354 read with Section 149 of IPC with Chandrayangutta Police Station, and (3) Crime 2 No.82 of 2009 registered for the offences punishable under Sections 143, 341, 290, 188 IPC read with Section 21/76 of the City Police Act and Section 125 of the Representation of Peoples Act 1950 with Chandrayangutta Police Station were ended in acquittal on 29.08.2017, 18.02.2014 and 22.11.2017 respectively. As on today, the petitioner is facing two (2) criminal cases i.e., (1) Crime No.132 of 2011 registered for the offences punishable under Sections 147, 148, 324, 307 read with Section 149, 102(b) of IPC and Section 27(i) of the Indian Arms Act with Chandrayangutta Police Station and (2) Crime No.135 of 2011 registered for the offences punishable under Sections 147, 148, 324, 307 read with Section 149, 102 (b) of IPC and Section 27(i) of Indian Arms Act with Central Crime Station (DD) Hyderabad (S.C. No.57 of 2012).
4. This Court in Mansoor Shah Khan v. State of Telangana (W.P. No.22980 of 2020 dated 01.06.2021) case, held that a person can be labelled as 'habitual offender' if he is involved in more than two (2) criminal cases. Admittedly, the petitioner is involved in only two (2) criminal cases as stated above.
5. In view of the above, the writ petition is allowed and the rowdy sheet opened against the petitioner is quashed. However, this order shall 3 not preclude the authorities to open a rowdy sheet against the petitioner, if the petitioner is involved in more than two (2) criminal cases, by following due process of law and in accordance with the conditions prescribed in the Order No.601 of the Telangana State Police Manual (TSPM). There shall be no order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed.
_______________________ B. VIJAYSEN REDDY, J Date: 26.04.2024 MS