IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No. 34984 of 2014 BETWEEN Pallapu Shekar AND ... PETITIONER The State of Telangana, Rep. by its Principal Secretary (Department of Revenue), A.P. Secretariat Building, Hyderabad and others.
...RESPONDENTS The Court made the following:
ORDER:
Heard.
2. Petitioner, who complains of continuation of rowdy sheet against him, states that he has completed MCA and searching for a job and that he is a law abiding citizen. He is not involved in any illegal activity and was falsely implicated in a case in Crime No.73 of 2011 of Madikonda Police Station registered against the petitioner and three others. In the said case, charge sheet was filed and taken on record in C.C.No.204 of 2011 by the VII Additional Judicial Magistrate of First Class, Warangal, and after trial all the accused including the petitioner were acquitted on 25.04.2013. Petitioner states that at the time of registration of the said crime, respondent-police had opened a rowdy sheet against the petitioner and the same is continued even till today notwithstanding the fact that the petitioner was acquitted in the criminal case in which he was found involved. Hence, petitioner seeks that the rowdy sheet opened against him and continued is contrary to the Police Standing Order No.742 as petitioner is neither a habitual offender nor is involved in any other offence.
3. Respondent No.2 has filed a counter affidavit, which inter alia accepts that petitioner was acquitted in the aforesaid C.C.No.204 of 2011 on 25.04.2013. It is stated that after registration of the crime, rowdy sheet was opened against the petitioner to keep a watch over his unlawful activities and the said rowdy sheet is continued as per the due permission from the Sub- Divisional Police Officer, Kazipet.
4. It is evident from the said counter affidavit that the rowdy sheet opened against the petitioner on the registration of crime No.73 of 2011 may have been justified at that stage. However, subsequently, petitioner was acquitted of the said crime in C.C.No.204 of 2011 by the judgment of the Additional Judicial Magistrate of First Class, Warangal, dated 25.04.2013. Hence, whatever cause that existed at the time of registration of crime for opening of rowdy sheet ceases to exist after his acquittal. The counter affidavit also does not speak to any other crime registered against the petitioner nor any other activity which is in the nature of the activity warranting continuation of the rowdy sheet against the petitioner. Obviously, in view of the single crime registered of which petitioner was acquitted by the court, the continuation of the rowdy sheet even thereafter is clearly unsustainable and it is clearly contrary to Police Standing Order No.742.
Hence, the writ petition is allowed. The rowdy sheet opened and continued against the petitioner subsequent to the order of acquittal in C.C.No.204 of 2011, referred to above, is accordingly, quashed. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
December 3, 2014 VILAS V. AFZULPURKAR, J LMV