Syed Omer Bin Abdul Aziz v. The State Of Telangana

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.39435 of 2016 ORDER:

This writ petition under Article 226 of Constitution of India is filed seeking to declare the continuation of rowdy sheet against the petitioner, as illegal and arbitrary and consequently direct the respondents to take immediate measures to close the rowdy sheet against the petitioner. Heard and perused the material available on record. The case of the petitioner is that in the year 2003, the 4th respondent originally registered Crime No.

41 of 2003 for the offences under Sections 341, 427 & 323 IPC and crimes were also registered against the petitioner in the years 2003, 2004 & 2013, due to which the 4th respondent opened a rowdy sheet against the petitioner and ever since then, the petitioner was put to harassment by the 4th respondent and his family members were also put to undue harassment and subsequently the 4th respondent police filed charge sheet in Crime No.41 of 2003 and the petitioner was acquitted in the said case.

The main grievance of the petitioner is that in spite of the petitioner being acquitted, the rowdy sheet opened against the petitioner is not closed and that the petitioner is frequently called to the 4th respondent police station and bind over proceedings are being initiated frequently against the petitioner and that the petitioner is put to undue harassment along with others against whom cases are pending.

Considering the grievance of the petitioner, the petitioner is directed to make a representation to the 3rd respondent informing the grounds on which the petitioner seeks for closure of rowdy sheet opened against him and also informing that he is not involved in any other crime except the crimes registered against him in the years 2003, 2004 and 2013, but the 4th respondent recommended for opening of a rowdy

sheet against the petitioner and on such representation, the 3rd respondent is directed to consider and dispose of the same, in accordance with law, as expeditiously as possible, preferably within a period of three (3) months from the date of receipt of a copy of this order. Till then, the 4th respondent is directed not to call the petitioner to the police station, except on the registration of any other crime against the petitioner for cognizable offence. If the petitioner is aggrieved by the decision of the 3rd respondent on his representation, he is at liberty to approach the concerned Court.

Accordingly, the Writ Petition is disposed of. No costs. Pending Miscellaneous Petitions, if any, shall stand closed. ___________________ RAJA ELANGO,J Date: 7th December, 2016 KL