Mohd. Abdul Samad Khan , Zaffer, S/O M.A. Zaffer, v. State Of Telangana
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH **** WRIT PETITION NO.5266 OF 2015 DATED 3rd DECEMBER, 2015 Between:
Mohd. Abdul Samad Khan @ Zaffer .. Petitioner and State of Telangana rep. by its Principal Secretary, Home Department and others .. Respondents
THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.5266 OF 2015
O R D E R
The grievance of the petitioner is with regard to the maintenance of a rowdy sheet in his name on the file of Bahadurpura Police Station, Hyderabad. According to the petitioner, he was involved in only one criminal case but the police authorities
deemed it appropriate to open a rowdy sheet in his name. The Inspector of Police, Bahadurpura Police Station, Hyderabad, filed a counter-affidavit admitting that the petitioner was only involved in one criminal case viz., Crime No.192 of 2014 which was registered under Sections 147, 148, 427, 307 IPC read with Section 34 IPC and Section 25 (1-B) of the Arms Act on the file of Kalapathar Police Station. The Inspector further stated that though this case was still pending at the stage of investigation, wherein the petitioner was shown as accused No.3, enquiries revealed that the petitioner is maintaining a gang with unsocial elements and threatening the witnesses. It was on this basis, opening of a rowdy sheet in the name of the petitioner was sought to be justified. He further stated that the rowdy sheet presently stands extended till 31.
12.2015. As the police authorities would be required to review the necessity to maintain a rowdy sheet in the name of the petitioner during the meeting which would be convened in the month of December, 2015 for this purpose, this Court deems it unnecessary to adjudicate the matter on merits. The writ petition is accordingly disposed of permitting the petitioner to make an appropriate application to the Commissioner of Police, Hyderabad City, setting out the reasons as to why the rowdy sheet warrants closure. It shall be open to the police authorities concerned to consider the said application in the light of the relevant standing orders keeping in mind the law laid down by this Court in KAMMA BAPUJI V/s.
STATION HOUSE OFFICER, BRAHMASAMUDRAM and PUTTAGUNTA PASI V/s. COMMISSIONER OF POLICE, VIJAYAWADA. Sri C.M.R. Velu, learned counsel for the petitioner, states that accused No.4 in Crime No.192 of 2014 on the file of Kalapathar Police Station was also treated similarly and a rowdy sheet was opened in his name but the same was thereafter closed. This aspect of the matter may also be kept in mind by the police authorities. This exercise shall be completed expeditiously and in any event, not later than the end of January, 2016. Pending miscellaneous petitions shall stand closed in the light of this final order. No order as to costs. ______________________
SANJAY KUMAR, J 3rd DECEMBER, 2015 Note: Issue C.C. in one week.
B/o PGS