HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 6029 OF 2009 DATED 17th December, 2014.
BETWEEN Shaik Ahmed Pasha ….Petitioners And The Assistant Commissioner of Police, Panjagutta Hyderabad, and ors.
…Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 6029 OF 2009
ORDER:
Heard learned Counsel for the petitioner and learned Government Pleader for the respondents.
This Writ Petition was filed challenging proceedings of the first respondent dated 27.01.2009 of the first respondent.
The first respondent issued proceedings dated 27.01.2009 according permission to open a rowdy sheet against the petitioner in view of his involvement in Cr.Nos.963 of 2009, 1274 of 2008, 08 of 2009 on the file of the S.R.Nagar Police Station and also his involvement in Cr.Nos.259 of 2008 on the file of the Sanathnagar Police Station and Cr.No.41 of 2008 on the file of the KUkatpally Police Station.
The learned Government Pleader produced a copy of the written instructions received by him from the respondents, wherein it is stated as follows:
“It is respectfully submitted that the petitioner is a rowdy element and has scant respect towards the law and was involved in the following criminal cases.
1. Cr.No.963/2007 under Sections 147, 148, 149, 307 and 344 IPC (pending trial vide C.C.No.1338 of 2009)
2. Cr.No.1274 of 2008 under Section 420 and 468 IPC. (Case is under investigation. This Honourable Court passed orders in Crl.P.No.13564/2010 dt.14.7.2014 directing the investigating agency to complete the investigation without arresting the accused).
3. Cr.No.8 of 2009 under Sections 147, 148, 149, 452, 427 and 506 IPC (Pending trial vide C.C.No.144 of 2010).
4. Cr.No.259 of 2008 under Sections 147,447,427,341 and 506 IPC on the file of Sanathnagar Police Station (Pending trial vide C.C.No.1178 of 2008).
5. Cr.No.41 of 2008 under Sections 447, 427 and 506 IPC on the file of Kukatpally Police Station (Pending trial vide C.C.No.172 of 2008).
6. Cr.No.360 of 2010 under Section 302 IPC of Sanathnagar Police Station (Case is pending trial vide PRC No. 95 of 2010).
7. Cr.No.945 of 2011 under Sections 3 and 4 of Land Grabbing Act of SR Nagar Police Station.(In view of the interim stay orders vide Crl.P.No.12897 of 2013 the investigation was stopped).
In view of the involvement of the petitioner in the aforesaid cases, it cannot be said that the action of the respondents in opening the rowdy sheet against the petitioner is illegal, arbitrary and contrary to the Police Manual.
In the result, the Writ Petition merits no consideration and is accordingly dismissed.
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 17th December, 2014. Msnrx