HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITIION No. 7216 OF 2004 DATED 28TH OCTOBER, 2014.
BETWEEN Sanjeev Kumar Sahani ….Petitioner And The Station House Officer, III town Police Station, Nizamabad District and ors …Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITIION No. 7216 OF 2004.
ORDER:
Heard learned Counsel for the petitioner and learned Government Pleader for the respondents.
The petitioner states that he is a businessman and resident of Nizamabad. He is a law-abiding citizen. At the instance of some of his business rivals, the police of Nizamabad registered two crimes -–Crime No. 166 of 2000 on the file of the Nizamabad Rural Police Station and Crime No. 19 of 2001 on the file of the III town Police Station, Nizamabad--and that in both the said two crimes, he was acquitted later on. In view of the acquittal in the aforesaid two crimes and non-pending of any criminal case, no rowdy sheet should have been opened against him; however, a rowdy sheet was opened against him and is being continued.
A counter affidavit is filed on behalf of the respondents stating that the petitioner is a rowdy element and he is always bent upon creating law and order problem. Six cases against him were registered in Nizamabad town area. In view of involvement of the petitioner in Crime Nos. 331 of 1982 and 58 of 1983, a rowdy sheet was opened against him on 16.11.1983. Even after opening the rowdy sheet, the petitioner did not mend his ways and involved himself in further four crimes. In view of the same, the rowdy sheet opened against the petitioner is being continued. At the time of filing the counter affidavit, SC.No.
490 of 2001 is pending against the petitioner before the Sessions Court, Nizamabad. The rowdy sheet was opened against the petitioner in accordance with the provisions of the AP Police Standing Order and the same is being renewed from time to time after reviewing the situation.
The learned Counsel for the petitioner submits that the petitioner was acquitted in SC.No. 490 of 2001 and that no cases are pending against him as on today.
Even though time was granted to the learned Government Pleader to get instructions in the matter, he could not get instructions. In the circumstances, this Court is not inclined to wait for disposal of the present Writ Petition. Having regard to the facts and circumstances of the case, the third respondent is directed to review the rowdy sheet opened against the petitioner and take necessary action for closure of the same if the petitioner is involved in not more than two crimes and pass appropriate orders thereon by 31.12.2014.
The Writ Petition is accordingly disposed of. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 28TH OCTOBER, 2014.
Msnro