Point of Law : Rowdy sheet - rowdy sheet can be continued (i) if his activities are prejudicial to the maintenance of public order or affecting peace and tranquility in the area; and (ii) the victims are not coming forward to give complaint against him on account of threat from him. In the counter filed by respondent No.5, lacks the said grounds.

ORDER :

This writ petition is filed to declare the action of the respondents in opening Rowdy Sheet Nos.1284, 1285, 1286 and 1287/RS/ACP-BH/2019 dated 11.12.2019 and continuing the same against the petitioners as illegal and for a consequential direction to the respondents to close the rowdy sheets against the petitioners and not to call them to the police station.

2. There are four petitioners in the present writ petition. According to them, they were involved in two cases i.e. Crime No.331 of 2015 pending on the file of Banjara Hills Police Station, Hyderabad for the offences under Sections 447, 427 and 506 read with 34 IPC. The police, after completion of investigation, filed a charge sheet against the petitioners herein for the aforesaid offences and the same was taken on file vide C.C.No.650 of 2017. The said proceedings in C.C.No.650 of 2017 ended in acquittal vide judgment dated 22.02.2018 passed by the learned II Special Magistrate, Hyderabad. No appeal is filed challenging the said judgment and therefore, the said judgment attained finality. The other case is Crime No.926 of 2019 pending on the file of Banjara Hills Police Station for the offences under Sections 307, 448, 147, 148, 506 read with 149 of IPC. The police, after completion of investigation, have filed a charge sheet vide PRC.No.307 of 2020. The same is pending.

3. Ms. Vladimeer Khatoon, learned counsel for the petitioners, referring to the said proceedings, would submit that proceedings in C.C.No.650 of 2017 (arising out of Crime No.331 of 2015) ended in acquittal by the learned Special Magistrate Court, Hyderabad. The said judgment attained finality. The petitioners herein are also accused in P.R.C.No.307 of 2020 (arising out of Crime No.926 of 2019) for the offences under Sections 307, 448, 147, 148, 506 read with 149 of IPC, which is pending. As on today, there is only one case pending against the petitioners herein. However, without considering the said fact and also the procedure laid down under the A.P.Police Manual, the respondents have issued the above said rowdy sheets against the petitioners herein and they are continuing the same which is arbitrary, illegal and also contrary to the principles laid down by the Hon’ble Apex Court and this Court in catena of decisions. Learned counsel would further submit that under the guise of opening and continuation of rowdy sheets, the respondents/police are calling the petitioners to the police station and harassing them by making them to wait in the police station for hours together. With the said submissions, learned counsel for the petitioners sought a direction to the respondents to close the above said rowdy sheets opened against the petitioners on 11.12.2019. She has relied on the principles laid down by this Court in the judgments in WP.No.12845 of 2014 dated 27.09.2019 and W.P.No.15050 of 2020 dated 03.11.2020.

4. On the other hand, learned Government Pleader for Home referring to the contents of the counter filed by respondent No.5 i.e. Station House Officer, Banjara Hills Police Station, would submit that the petitioners were involved in Crime No.331 of 2015 and Crime No.926 of 2019 for the aforesaid offences. However, Crime No.331 of 2015 (arising out of C.C.No.650 of 2017) ended in acquittal. In Crime No.926 of 2019, the police after completion of investigation have filed charge sheet against the petitioners herein vide PRC.No.307 of 2020. The same is pending.

5. Learned Government Pleader would further submit that the petitioners herein indulged in criminal trespass with mischief causing damage and threatening and attempt to murder case, thereby created terror in the minds of people and havoc in the area. To curb and curtail the unlawful activities in the vicinity of Banjara Hills Police Station, Hyderabad, after obtaining permission from the Assistant Commissioner of Police, Banjara Hills Division, Hyderabad, respective rowdy sheets have been opened vide Rowdy Sheet Nos.1284, 1285, 1286 and 1287/RS/