← Library
High Court for State of TelanganaWP/21853/2010disposed of no costs

Arisham Swamy v. The Station House Officer

2017-08-03Raja Elango4 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.21853 of 2010 ORDER:

This Writ Petition is filed by the petitioner under Article 226 of the Constitution of India seeking to declare the action of the respondents in continuing the rowdy sheet against the petitioner without any periodical review as illegal, arbitrary and violative of Article 21 of the Constitution of India and consequently to direct the respondents to close the rowdy sheet opened against the petitioner.

2.

Heard the learned counsel for both the parties and perused the material available on record.

3.

The case of the petitioner is that the petitioner is a resident of Enumamula Village, Hanamkonda Mandal, Warangal District and that the petitioner is carrying on business at Warangal and that the 1st respondent registered cases in Crime Nos.185 of 2001, 232 of 2002, 104 of 2003, 155 of 2003 and 70 of 2007 on suspicion against the petitioner and that four of the above cases were ended in acquittal in the year 2005 and one case was ended in acquittal in the year 2007.

4.

The main grievance of the petitioner is that even though no case is registered and pending against the petitioner, the respondent Police authorities are continuing the rowdy sheet for the last three years and asking the petitioner to report the Police Station very often.

5.

On perusal of the record, it is evident that while admitting the writ petition, this Court passed an interim order, dated 17.09.2010, in W.P.M.P.No.27802 of 2010, which reads as follows:

"There shall be interim direction to the respondents not to call the petitioner to Intezargunj Police Station or any other Police Station in Warangal Town, Warangal District, unless any criminal case is registered against him." 6.

Taking into consideration the facts and circumstances of the case and the grievance of the petitioner and in view of the interim order passed by this Court in W.P.M.P.No.27802 of 2010 in this writ petition, dated 17.09.2010, this Court is of the view that the writ petition can be disposed of with the following direction: The respondents are directed not to call the petitioner to Inthezargunj Police Station or any other Police Station in Warangal Town, Warangal District, unless any criminal case is registered against him.

7.

With the above direction, the Writ Petition is disposed of. No costs. Consequently, miscellaneous petitions, if any, pending in the writ petition shall stand closed. ___________________ RAJA ELANGO, J Date: 3rd August, 2017 KL

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.21853 of 2010 Date: 3rd August, 2017

KL