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High Court for State of TelanganaWP/30959/2015disposed of no costs

Shaik Hamza Bin Abdul Azeez Bawazir S/O. Shaik Abdul v. State Of Telangana

2015-10-13A V Sesha Sai2 pages

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION NO.30959 OF 2015 ORDER:

This writ petition is filed under Article 226 of the Constitution of India, for the following relief:

"... to declare the action of the respondents in not closing the rowdy sheet against the petitioners as illegal and arbitrary and consequently direct the respondents 2 and 3 to close the rowdy sheet reopened against the petitioners on the file of the 3rd respondent police station...."

2. Heard Mr.K.Durga Prasad, learned counsel appearing for the petitioners and the learned Government Pleader for Home.

3. It is submitted by the learned counsel for the petitioners that no criminal cases are pending against the petitioners and the petitioners are law abiding citizens and as such continuation of rowdy sheet against them is not permissible.

4. On the other hand, it is submitted by the learned Government Pleader for Home that two cases bearing Cr.Nos.203 of 2014 and 501 of 2015 are pending on the file of Saifabad Police Station for the offences under Sections 41 (a) and 107 Cr.P.C.

5. During the course of hearing, it is submitted by the learned counsel for the petitioners that the action of the respondents in continuing the rowdy sheet against the petitioners is contrary to law as declared by this Court and as such, the respondents' authorities are obligated to reconsider the issue. It is further submitted that the petitioners will make necessary application before the 2nd respondent-Commissioner of Police, Basheerbagh, Hyderabad for reconsideration of the issue.

6. In view of the above, the writ petition is disposed of, keeping it open to the petitioners to make necessary application to the 2nd respondent for reconsideration of issue within a period of one week from the date of receipt of a copy of this order and if any such application is made, the same shall be considered and appropriate orders be passed in accordance with law taking into consideration the relevant Police Standing Orders within a period of two months from the date of filing such application. No order as to costs. Miscellaneous petitions, if any pending in this writ petition shall stand closed. ____________________ A.V.SESHA SAI, J DATED: 13-10-2015 Hsd