Mandal Radhakrishna Yadav v. The Station House Officer

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.34151 of 2018 ORDER:

When the matter is taken up, written instructions dated 20.09.2018 furnished by the Sub Inspector of Police, Malkajgiri Police Station, Rachakonda Commissionerate are placed on record by the learned Government Pleader for Home.

To the extent of their relevance to the present writ petition, the said instructions read as under:

"It is submitted that the petitioners herein are unlawful activities and continuously indulging in the commission of lawless acts involving breach of public peace and tranquillity. It is submitted that as per the available records the petitioners herein involved in the following criminal cases on the file of Malkajgiri Police Station, Rachakonda Commissionerate:- i.

Cr.No.51/2016 for the offences U/s.307, 448, 506, 504 r/w 34IPC. The case is pending trial vide C.C.No.22/2018 before the concerned Hon'ble Court.

ii.

Cr.No.506/2018 for the offences U/s.188, 353 r/w 34IPC. Investigation is under progress.

It is submitted that in view of the involvement of the petitioners in the above criminal case, it has become incumbent on the part of police to open rowdy sheets against the petitioners to keep watch on their activities and so curtail unlawful activities. It is submitted that as per the proceedings of the Assistant Commissioner of Police, Malkajgiri Division, Rachakonda Commissionerate vide No.1169/ACPM/RDK/2018 and No.1170/ACP-M/RDK/2018 respectively, the rowdy sheets have been opened against the petitioners herein on the file of Malkajgiri Police Station and the same has been maintaining and it is continued upto date. It is further submitted that the respondents police to curb and curtail the petitioners unlawful activities opened the rowdy sheets against them to watch movements from time to time.

It is submitted that except maintaining the rowdy sheets against the petitioners, the respondent No. did not interfere with the life and liberty of the petitioner at any point of time.

It is submitted that the contentions of the petitioners that the respondent No.1 Station House Officer, Malkajgiri Police Station, Rachakonda Commissionerate insisted the petitioners to bind over themselves before the 2nd respondent Executive Magistrate cum Tahsildar, Malkajgiri is incorrect, baseless far from truth and has been created for the purpose of filing the present Writ Petition."

Having regard to the written instructions and taking into consideration the submissions of the learned counsel for the petitioner and the learned Government Pleader for Home, this Court deems it appropriate to dispose of the writ petition by placing on record the above said instructions. Accordingly, the writ petition is disposed of by placing on record the written instructions dated 20.09.2018 furnished by the Sub Inspector of Police, Malkajgiri Police Station, Rachakonda Commissionerate. There shall be no order as to costs. Miscellaneous Petitions pending consideration, if any, in this Writ Petition shall stand closed.

_________________________ JUSTICE A.V.SESHA SAI Date :23.10.2018 dv