HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.26971 of 2010
Date: June 17, 2014
Between:
Habeeb Abdul Rahaman @ Rahaman.
… Petitioner And
1. The Commissioner of Police, Hyderabad & another.
… Respondents * * * HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.26971 of 2010
O R D E R:
Heard learned counsel for the petitioner and none appeared for the respondents.
2. The case of the petitioner is that he is a petty businessman. A case was registered against him in Crime No.158 of 2010 of Rajendranagar Police Station for the offences punishable under Sections 302 and 506 read with 34 IPC and the police after investigation filed charge sheet which was numbered as P.R.C.No.59 of 2010 on the file of VIII Metropolitan Magistrate, Cyberabad at Rajendranagar. Except this solitary case, there is no other case pending against the petitioner. The petitioner came to know that a rowdy sheet was opened and he was asked to furnish a photograph for displaying the same on the notice board. He was also called to the police station once in a week. Challenging the action of the respondents in opening a rowdy sheet as being contrary to the Standing Order 742 and 984 (2) of the A.P. Police Standing Order, the present writ petition was filed.
3. Even after four years the respondents have not filed any counter-affidavit. In the circumstances, it is deemed that the averments made by the petitioner with regard to pendency of only one case against him are taken as true.
4. A Division Bench of this Court in Puttagunta Pasi @ Penta
[1]
Pasi V. Commissioner of Police, Vijayawada and another held that rowdy sheets should not be opened in a mechanical manner and there shall be at least more than two instances of involvement in crimes.
5. Following the said judgment this writ petition is allowed directing the first respondent to review the case of the petitioner suo motu and pass appropriate orders within a period of three months from the date of receipt of a copy of this order. Pending miscellaneous petitions, if any, shall stand dismissed in consequence. No costs.
A. RAMALINGESWARA RAO, J Date: June 17, 2014 BSB
89 HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION No.26971 of 2010
Date: June 17, 2014
BSB
[1] 1998 (3) ALT 55