Telangana High Court
Chetla Venkata Narsimulu Chetla ... vs The State Of Telangana And 4 Others on 14 October, 2022
Author: B. Vijaysen Reddy
Bench: B. Vijaysen Reddy
HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
W.P.NO.33357 OF 2022
ORDER (Oral):
This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner, with the following prayer:
"... to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in opening a rowdy sheet on 25.02.2022 on the basis of single crime against the petitioner by 5th respondent without periodical review, as illegal, arbitrary, and violative of Article 21 of the Constitution of India and consequently direct the respondents to close rowdy sheet against the petitioner and not to harass him in any manner and pass such other order or orders..."
2. Rowdy sheet was opened against the petitioner on request made by the SHO, Shadnagar, dated 15.02.2021. Permission was accorded by the Assistant Commissioner of Police, Shadnagar vide proceedings No.80/Rowdy Sheet/ACP-SNR/2021 dated 25.02.2021
3. In the counter filed by respondent No.4 it is stated that the petitioner is involved in the following (8) Criminal cases:
"(i) Crime No.38/2013 for the offences under Sections 151 Cr.P.C., on the file of Police Station Shadnagar, Cyberabad Commissionerate.
(ii) Crime No. 170/2014 for the offences under Section143, 341,188 of IPC, on the file of Police Station Shadnagar, Cyberabad Commissionerate. After completion of investigation charge sheet has been filed on the file of the Hon'ble Addl. Junior Civil Judge at Shadnagar vide C.C.No. 318 of 2016 and the4 case been ended in acquittal on 09.05.2019.
(iii) Crime No. 199/2014 for the offences under Sections 107 Cr.P.C., on the file of Police Station Shadnagar, Cyberabad Commisionerate.
(iv) Crime No. 55/2016 for the offences under Sections 353 IPC, on the file of Police Station Shadnagar, Cyberabad Commissionerate. After completion of investigation charge sheet has been filed on the file of the Hon'ble Addl.
Judicial Metropolitan Magistrate of First Class at Shadnagar vide C.C.No. 373 of 2016 and the case has been ended in acquittal on 13.07.2018.
(v) Crime No. 208/2016 for the offences under Sections 110(e) Cr.P.C on the file of Police Station Shadnagar, Cyberabad Commissionerate.
(vi) Crime No. 321 of 2018 for the offences under Sections 447,427 r/w 34 of IPC on the file of Police Station Shadnagar, Cyberabad Commissionerate. After completion of investigation, final report has been filed on the file of the Hon'ble Addl. Judicial Metropolitan Magistrate of First Class at Shadnagar.
(vii) Crime No. 78/2021 for the offences under sections 151 Cr.P.C on the file of Police Station Shadnagar, Cyberabad Commissionerate.
(viii) Crime No. 400/2022 for the offences under Sections 153(a) 504, 505 IPC on the file of Police Station Shadnagar, Cyberabad Commissionerate. The charge sheet was filed on 06.08.2022 before the Hon'ble Addl. Judicial Metropolitan Magistrate of First Class at Shadnagar and C.C number is awaited".
Admittedly, Criminal cases at Serial Nos.1 and 7 (Crime 38 of 2013 and 78 of 2021) are registered under Section 151 IPC, which are not offences enumerated under any of the clauses of the Order 601 of A.P. Police Manual. The cases shown at Serial Nos.2 and 4 have ended in acquittal. The case shown at Serial No.6 was closed and final report was filed. So far as the cases shown at Serial Nos.3 and 5 are concerned, learned counsel submits that those criminal cases were registered in 2014 and 2016 respectively and bind over a period was already completed. Thus evidently only one criminal case in Crime No.400 of 2022, wherein charge sheet is laid to been filed before the Court of Judicial Magistrate of First class, Shadnagar is pending.
4. As per the decision of this Court in UMESH SINGHANIYA v. THE COMMISSIONER OF POLICE, HYDERABAD1 opening rowdy sheet on the basis of one case is not permissible.
5. Therefore, the Writ Petition is allowed respondent-police are directed to forthwith close the rowdy sheet opened against the petitioner.
6. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. There shall be no order as to costs.
______________________________ JUSTICE B. VIJAYSEN REDDY Date:14.10.2022 Prat 1 2013 (3) ALT 146 HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY W.P.NO.33357 OF 2022 Dated:14.10.2022 prat