THE HON’BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION NO.7015 OF 2023

ORDER:

This Writ Petition has been filed seeking to declare the action of the fourth respondent in opening Suspect/Rowdy Sheet against the petitioner on the file of the fourth respondent, as illegal, arbitrary and violative of Articles 14, 19 and 21 of the Constitution of India and consequently, to direct the official respondents to drop all further proceedings by removing/withdrawing Suspect/Rowdy Sheet against the petitioner.

2. The case of the petitioner is that he was falsely implicated as accused in four cases on the file of the Station House Officer, P.S. Kukatpally in the year 2017 for the offence of morphing, out of which, two cases were acquitted and two cases are pending. Out of the two cases pending, one case was disposed of acquitting the petitioner and in another case also compromise talks are going on, which would be fructified. It is the further case of the petitioner that from the year 2018 till today, no cases are registered against him in any Police Station and on that ground itself, it can be said that he is not a habitual offender. Now, the grievance of the petitioner is that, as per the Standing Order 742, if a person is not involved in any criminal case preceding five years, the police officials are under statutory duty to reconsider continuation of rowdy sheet against him but though there are no cases pending against him, the respondent- authorities are calling him to the Police Station frequently and making him sit hours together from morning to evening which is disturbing his privacy and offending his rights.

3. A counter affidavit has been filed by the fourth respondent herein, inter aila stating that the petitioner is an unlawful character locally and continuously indulging in commission of lawless acts involving breach of public peace and tranquility. It is submitted that as per the records available, the petitioner is involved in the following criminal cases:

(i) Crime No.320/2012 under Sections 341, 324, 427 read with Section 34 IPC of Malkajgiri Police Station, Rachakonda Commissionerate, which ended in compromise on

25.03.2013 before the Lok Adalath vide C.C.No.311/2013. (ii) Crime No.542/2017 under Section 292 IPC and Sections 66E and 67 of the I.T. Act of Cyber Crime Police Station, Rachakonda Commissionerate, which ended in acquittal on 30.07.2021 vide C.C.No.4907/2018.

(iii) Crime No.553/2017 under Sections 292, 201, 354D and 507 IPC, Sections 66E and 67 of the I.T. Act of Cyber Crime Police Station, Rachakonda Commisionerate, which ended in acquittal on 30.07.2021 vide C.C.No.4908/2018.

(iv) Crime No.675/2018 under Sections 341 and 332 IPC of Malkajgiri Police Station, Rachakonda Commissionerate, which is pending trial vide C.C.No.510/2019.

(v) Crime No.676/2018 under Sections 341, 307, 506, 147 and 148 read with 149 IPC of Malkajgiri Police Station, Rachakonda Commissionerate, which ended in acquittal on

22.07.2022 vide C.C.No.510 /2019.

(vi) Bind-over case vide C.No.18/2023, dated 02.03.2023.

It is further submitted that, in view of involvement of the petitioner in the above criminal cases, opening a rowdy sheet against the petitioner has become incumbent on the part of the police to keep a watch on his activities and to curtail unlawful activities and as per the proceedings of the Assistant Commissioner of Police, Malkajgiri Division, Rachakonda Commissionerate vide C.No.154/Rowdysheet/ACP- M/RCK/2018, dated 31.12.2018, rowdy sheet has been opened against the petitioner and it is continuing till date. In order to curtail the petitioner from involving in unlawful activities and to watch his movements from time to time in the larger public interest, the rowdy sheet/suspect sheet is being continued. It is further submitted that the prayer of the petitioner seeking closure of the rowdy sheet against him is incorrect, false, baseless, far from truth and created for the purpose of filing the present Writ Petition and there are no g