Gopala Naveen Raju v. The State Of Telangana,
THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.31032 of 2014 ORDER:
This writ petition under Article 226 of Constitution of India is filed to declare the action of respondents in not closing the rowdy sheet opened against the petitioner in the year 2010 by conducting periodical review as required under law, as illegal and arbitrary. The case of the petitioner is that the petitioner is the resident of Dharmaram Village, Geesugonda Mandal, Warangal District and he is an agriculturist by profession. The 6th respondent opened a rowdy sheet against the petitioner in the month of August 2010, on the ground that the petitioner was involved in Crime No.37 of 2009 for the offence under Section 107 Cr.P.C., Crime No.8 of 2010 for the offence under Sections 447, 427, 323 IPC and Crime No.179 of 2010 for the offences under Sections 448, 506-II read with 34 IPC and that the Crime No.37 of 2009 was closed, Crime No.
8 of 2010 was investigated by the police and charge sheet was filed and the same was numbered as C.C.No.140 of 2010 and the said CC was referred to the Lok Adalath at Parkal and the same was settled and Crime No.179 of 2010 was referred to District Legal Services at crime stage and the said crime was closed by recording the compromise between the de facto complainant and the accused vide order, dated 30.08.2010. The 6th respondent transferred the rowdy sheet to the 5th respondent as the place of residence of the petitioner falls within its jurisdiction.
The grievance of the petitioner is that even though rowdy sheet was opened in the year 2010, no criminal case was registered against the petitioner from 25.07.2010 onwards and since the earlier cases also ended in acquittal, the continuance of rowdy sheet shall cause prejudice
to the petitioner since the respondent police are calling the petitioner everyday to the police station.
Learned Assistant Government Pleader for Home filed counter on behalf of the 5th respondent.
Even according to the counter also, apart from the earlier cases, the petitioner is not involved in any other case thereafter till 2014 since the counter is filed in the year 2014.
Learned Assistant Government Pleader for Home submits that the petitioner is not having any other case pending against the petitioner. Considering the grievance of the petitioner and the submissions of the learned Assistant Government Pleader for Home, the petitioner is directed to make a representation to the Superintendent of Police, Warangal Urban, Warangal District (2nd respondent) informing that he is not involved in any other crime. On such representation, the 2nd respondent is directed to consider and pass appropriate orders, if the petitioner is not having any further cases pending against him, for which a rowdy sheet is opened, in accordance with law, as expeditiously as possible, within a period of one (1) month from the date of receipt of a copy of this order.
Accordingly, the Writ Petition is disposed of. No costs. Pending Miscellaneous Petitions, if any, shall stand closed. ___________________ RAJA ELANGO,J Date: 24th November, 2016 KL