HON’BLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.29989 OF 2023 ORDER : (ORAL)

This writ petition has been filed by the petitioner -

Mr. Dandugula Venkata Swamy seeking to declare action of the respondents in opening rowdysheet against him by respondent No.5 - the Station House Officer, Tukaramgate Police Station, Hyderabad, pursuant to the Proceedings No.231/OW/PS- TKG/2020 dated 12.08.2020 of the Assistant Commissioner of Police, Gopalpuram Division, Hyderabad, Telangana.

2. Heard Mr. Katika Ravinder Reddy, learned counsel for the petitioner, learned Assistant Government Pleader for Home, and perused the material on record.

3. The learned counsel for the petitioner submitted that the petitioner was involved in several criminal cases, but as on today there is only one criminal case pending against him. The learned counsel referred to paragraph No.6 of the counter affidavit filed by respondent No.4 - the Assistant Commissioner of Police, Gopalpuram Division, Hyderabad, wherein it is stated that the petitioner is facing trial in one case.

4. The learned Assistant Government Pleader for Home, on oral instructions, fairly submitted that only one case is pending against the petitioner i.e., Crime No.2 of 2024 registered by the Station House Officer, Tukaram Gate Police Station, Hyderabad, registered for the offences under Sections 341, 354, 323 and 506 read with Section 34 of the Indian Penal Code 1860.

5. It was held by this Court in Mansoor Shah Khan v.

State of Telangana (W.P. No.22980 of 2020 dated 01.06.2021) that opening or continuing rowdy sheet against an accused on the basis of a solitary crime is not permissible.

6. Therefore, the writ petition is allowed directing the respondents to forthwith close the rowdy sheet opened against the petitioner by respondent No.5 pursuant to the Proceedings No.231/OW/PS-TKG/2020 dated 12.08.2020 of the Assistant Commissioner of Police, Gopalpuram Division, Hyderabad, Telangana. No order as to costs.

As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed.

______________________ B. VIJAYSEN REDDY, J April 23, 2024.

PV