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2024 Supreme(Online)(TS) 5988

THE HON’BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.33858 of 2023

ORDER

This writ petition is filed seeking to declare the action of the respondents-police in opening and continuing the rowdy sheet against the petitioner as illegal, arbitrary and violative of Articles 14, 19(1)(g) and 21 of the Constitution of India and to consequently direct the respondents-police to close the rowdy sheet opened against him at Khanapuram Haveli Police Station, Khammam.

2. The case of the petitioner is that in the year 2013 the Station House Officer, Khanapuram Haveli Police Station, Khammam has registered cases in (i) Crime No.63 of 2013 against him for the offences punishable under Sections 420, 468 and 417 of IPC wherein charge sheet has been filed vide C.C.No.201 of 2014 before the Court of II Additional Judicial Magistrate of First Class, Khammam and the same was closed on compromise on 06.12.2014; (ii) Crime No.67 of 2013 for the offences punishable under Sections 420, 447 and 506 of IPC wherein charge sheet has been filed before the Court of II Additional Judicial Magistrate of First Class, Khammam and the same has been taken cognizance vide C.C.No.543 of 2013 which ultimately ended in acquittal; (iii) Crime No.86 of 2013 for the offences punishable under Sections 420 and 506 of IPC wherein charge sheet has been filed before the Court of II Additional Judicial Magistrate of First Class, Khammam and the same has been taken cognizance vide C.C.No.719 of 2013 which ultimately ended in acquittal. The main grievance of the petitioner is that even though there are no other criminal cases pending against him, the respondents-police with a mala fide intention is continuing the rowdy sheet and due to surveillance, he is facing much inconvenience and hardship to lead a respectable and dignified life in the society.

3. A counter affidavit has been filed by the Inspector of Police, Khanapuram Haveli Police Station, Khammam, respondent No.4 herein stating inter alia that the petitioner is of unlawful character and he is continuously indulging in the commission of lawless acts involving breach of public peace and tranquility. It is further stated that the petitioner was involved in (i) Crime No.82 of 2011 for the offences punishable under Sections 306 and 506 read with Section 34 IPC, which was ended in acquittal vide S.C.No.487 of 2011; (ii) Crime No.63 of 2013 for the offences punishable under Sections 420, 468 and 417 read with Section 34 IPC, which was ended in compromise vide C.C.No.201 of 2014; (iii) Crime No.86 of 2013 for the offences punishable under Sections 420 and 506 read with Section 34 IPC, which was ended in compromise vide C.C.No.719 of 2013; (iv) Crime No.198 of 2013 for the offences punishable under Section 420 of IPC, which was referred as civil in nature; (v) Crime No.116 of 2015 for the offences punishable under Section 410(ii) (e) of Cr.P.C, where the respondents produced before the MEM Court for keeping good behaviour for a period of 6 months; (vi) Crime No.85 of 2016 for the offence punishable under Section 110 of Cr.P.C, where the respondent produced before the MEM Court for keeping good behavior for a period of 6 months; (vii) Crime No.303 of 2017 for the offences punishable under Sections 406, 415, 416, 384 and 506 of IPC, which is pending for trial vide C.C.No.1047 of 2017 before II AJFCM, KMM and (viii) Crime No.97 of 2021 for the offence punishable under Section 110 (3) of Cr.P.C and the same was bounded over. It is further stated that in view of involvement of the petitioner in the above criminal cases, in order to curb and curtail the unlawful activities of the petitioner in the vicinity of Khanapuram Haveli Police Station, Khammam District and more particularly to safeguard the interests of the residents of the Khanapuram Haveli, after obtaining the permission by then Sub Divisional Police Officer, Khammam, vide C.No.487/Insp.B2/2013, dated 18.06.2013, the rowdy sheet has been opened against the petitioner. It is further stated that in view of the pendency of criminal ca




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