THE HON’BLE SRI JUSTICE N.V.SHRAVAN KUMAR

Writ Petition No.4041 of 2025

ORDER:

Heard Sri Md. Fasiuddin, learned counsel for the

petitioner and learned Assistant Government Pleader for Home appearing for respondents. With their consent, this writ petition is being taken up for disposal at the admission

stage itself.

2. This writ petition is filed seeking the following prayer:

“…Declaring the action of the respondent No.5 in opening Rowdy Sheet against the petitioner, without following due process of law as illegal, arbitrary and against the principles of natural justice and in violation of Articles 14 and 21 of the Constitution of India besides violation of directions of this Court and consequential prayer to direct the respondents to close the Rowdy Sheet against the petitioner pending before the respondent No.5 and not to interfere into the

petitioner’s life and liberty…”

3. Facts in brief as stated are that the petitioner was implicated in Crime No.194 of 2019 registered at Nampally Police Station, Hyderabad under Sections 307, 148 r/w Section 149 of IPC, and a charge sheet was filed against him. The case was numbered as S.C.No.124 of 2021 on the file of the IV Additinal Metropolitan Sessions Judge, Hyderabad.

The petitioner submits that in the said case, he was acquitted vide judgment dated 29.01.2024 and that despite his acquittal, the police authorities continue to maintain a rowdy sheet and suspect sheet against him at Nampally Police Station, Hyderabad and the continued maintenance of such a record against him is illegal, arbitrary and violative of Fundamental Rights under Articles 14 and 21 of Constitution of India. Aggrieved by the same, the present writ petition is filed.

4. In a counter filed by respondent No.4, it is stated that the petitioner along with four others were involved in Crime No.194 of 2019 under Sections 307, 148 r/w. Section 149 of OPC at Nampally Police Station, Hyderabad, all the accused were arrested on 01.08.2019 and sent to judicial custody and later charge sheet was filed vide P.R.C.No.403 of 2019 and on committal it was numbered as S.C.No.124 of 2021 and the learned Sessions Judge vide judgment dated 29.01.2024 acquitted the accused. It is submitted that the petitioner was involved in the retaliatory violence case and was frequently indulging in violent criminal acts and creating panic in the public and disturbing the public peace and tranquillity in the limits of Nampally Police Station; it is submitted that as he is young and a potential unsocial element, a constant watch is required over his activities. It is further submitted that in view of the rowdy elements attached to him, the Additional Commissioner of Police vide No.Addl.CP/Crimes & SIT/Camp/Hyd/2411/2020, dated 03.07.2020 directed to open rowdy sheet against the persons who are involving in retaliatory case and accordingly, respondent No.5 submitted proposals dated 24.08.2020 to respondent No.4 to accord permission to open rowdy sheet against the petitioner in order to contain his activities which are prejudicial to the maintenance of public peace and tranquillity. It is submitted that respondent No.4 issued orders vide No.1197/O.W/ACP- SFB/2020 dated 24.08.2020 which accorded permission and accordingly rowdy sheet was opened against the petitioner.

5. It is submitted that on 01.08.2020, the petitioner was bound over before the Special Executive Magistrate for keeping good behaviour for a period of one year, respondent No.4 taking into consideration the fact that the petitioner is young, energetic, active and potential unsocial element and requires close surveillance to control his nefarious activities and to put an end to such activities and in view of the powers vested upon him under the provisions of the Order No.600-1, Clause-B of A.P.P.M., Part-I and Volume-II, ordered to open and maintain a rowdy sheet against the petitioner and directed respondent No.5 to maintain a close surveillance and a regular check on the movements of the petit