Shaik Basha Mohiddin, v. The Superintendent Of Police,

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.38976 of 2012 ORDER:

The writ petition is filed by the petitioner seeking a writ of mandamus declaring the action of the respondents in opening and continuing the rowdy sheet No.88 of 2008 against the petitioner as illegal and arbitrary, and consequently, to direct the respondents to close the Rowdy Sheet against the petitioner. Heard and perused the material.

Learned counsel for the petitioner submits that the petitioner was implicated in a case in 2008 and subsequently, the said case was compromised before the trial Court. Thereafter, in 2010 the petitioner was falsely implicated in an offence under Section 353 IPC, and the same was also compromised. But, without there being any cases pending, the rowdy sheet against the petitioner is continuing. He further submits that on 27.11.2012 the 2nd respondent called the petitioner to his office and beat him black and blue without stating any reasons. The petitioner made representations to the respondents close the rowdy sheet against him, but respondents are continuing the same against the petitioner, which is illegal and arbitrary, and as such, learned counsel prays this Court to direct the respondents to close the rowdy sheet against the petitioner.

Considering the facts and circumstances of the case, the petitioner is directed to make a representation to the respondents stating that he is not involved in any other crimes apart from the crimes mentioned above, and on filing of such representation, the respondents are directed to consider the representation and pass appropriate orders.

Further, the respondents are directed not to compel the petitioner to attend before the Police Station.

The writ petition is accordingly disposed of. No order as to costs. Consequently, miscellaneous petitions, if any shall also stand closed. ______________ RAJA ELANGO, J August 01, 2017 KTL