Telangana High Court
Rampally Chandra Prabhu vs The State Of Telangana on 20 February, 2025
Author: B. Vijaysen Reddy
Bench: B. Vijaysen Reddy
HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.2454 OF 2025
ORDER :(ORAL) This writ petition is filed by the petitioner seeking to declare the action of the respondents in opening/continuing the rowdy sheet against him as being illegal, arbitrary and unconstitutional.
2. Heard Mr. Immaneni Rama Rao, learned counsel for the petitioner, and Mr. M. Srinivas, learned Assistant Government Pleader for Home, and perused the material on record.
3. Learned counsel for the petitioner has drawn attention of this Court to paragraph 3 of the counter affidavit filed by respondent No.4, wherein it is admitted that the petitioner was involved in five criminal cases i.e., (1) Crime No.238 of 2023 of Maredpally Police Station registered for the offences under Section 327, 365, 195-A and 120(b) read with Section 34 IPC, (2) Crime No.33 of 2002 of Karkhana Police Station registered for the offence under Section 302 IPC, (3) Crime No.75 of 2011 of Lalaguda Police Station registered for the offence under Section 324 IPC, (4) Crime No.295 of 2014 of Tukaramgate Police Station registered for the offences under Sections 506, 509 and 195A of IPC, and (5) Crime No.296 of 2014 of Maredpally Police Station registered for the offence under Section 506 IPC, and that the cases 2 mentioned at serial Nos.2 and 4 of paragraph No.3 ended in acquittal and the cases mentioned at serial Nos.3 and 5 ended in compromise, as such, as on today, there is only one case shown at serial No.1 pending against the petitioner, and the same is not disputed by the learned Assistant Government Pleader for Home.
4. This Court, in Majid Babu v. Home Secretary, Government of Andhra Pradesh 1, held that in order to classify a person as 'habitual offender', there has be more than two (2) criminal cases pending against him/her. Admittedly, there is only one criminal case pending against the petitioner, as such, continuance of rowdy sheet against the petitioner is illegal.
5. In view of the above, the writ petition is allowed and the rowdy sheet opened against the petitioner shall be closed forthwith. However, this order shall not preclude the respondent authorities to open a rowdy sheet against the petitioner by following due process of law, if he is involved in more than two (2) pending criminal cases and the conditions prescribed in the Order No.601 of the Telangana State Police Manual (TSPM) are satisfied. There shall be no order as to costs. 1 (1987) 2 ALT 904 3 As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed.
_____________________ B. VIJAYSEN REDDY, J 20.02.2025 vv