Mohammed Sharuf Khan v. The State of Telangana
Court: High Court for State of Telangana
Bench: B.VIJAYSEN REDDY
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2024-11-27. Mohammed Sharuf Khan v. The State of Telangana. Read the judgment and case details on LawSphereX.
Judgment text
) I [ 3183 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION NO: iO33O OF 2024 Between: Mohammed Sharuf Kh ar, S/o. fulohammed Shahnawaz Khan, Aqed about. 22 years, Occ. Student, Rl/o. 6-1-358, beside Girish Bakery, Net Bhoigud4 Secunderabad, ... PETITIONER AND 1. The State of Telanoana Rep. by its principal Secrelary, Home Department, Secretarlat, Hydera6ad. ' 2 The Commissioner of Police, Hyderabad police Commissionerate_ 3 The Deputy Commissioner of police, North Zone, Hyderabad. 4 The Asst. Commissioner of police, Gopalapuram Division, Hyderabad. 5 The Station House Officer, Gopalapuram police Station ...
RESPONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue an order, direction or writ more appropriatery writ of Mandamus declaring the action of the Respondents herein more particurarry sth Respondent herein i. e. , station House officer, Goparapuram porice station, Hyderabad, in opening and maintaining a rowdy sheet of the petitioner is as illegal, arbitrary and violative principles of natural justice and violative the Articles 14, 1s and 21 of constitution of lndia and contrary police to the standing orders in respect of the maintaining of rowdy sheet and direct the Respondents herein not to harass call or interfere with the personal life and liberty of the petitioner, till the disposal of the main Writ Petition.
lA NO: 1 OF 2024 '151 Petition under Section CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents herein not to harass, call or interfere with the personal life and liberty of the Petitioner, till disposal of the main Writ Petition. Counsel for the Petitioner: SRI M. A. MUJEEB Counsel for the Respondents: SRI B. SRIDHAR, AGP FOR HOME The Court made the following: ORDER I -7 THE HONOURABLE SRIJUSTICE B. VIJAYSEN RBDDY WRIT PETITION No. 30330 OF 2024 ORDER: The writ petition is filed aggrieved by the action of the respondents in opening the rowdy shcet against the petitioner, without following due process of law, as being arbitrary and illegal. 2. Heard Mr. M. A. Mujeeb, leamed counsel for the petitioner and Mr. B. Sridhar, leamed Assistant Government Pleader for Horne. 3. [n the counter affidavit filed by respondent No.
4 - the Assistant Commissioner of Police, Gopalapuram Division, Hyderabad, it is stated that petitioner is involved in a solitary crime i. e. , (i) Crime No. I 68 ot 2O2l of Gopalapuram Police Station, wherein charge sheet was filed in S. C. (PCS) No. 304 of 2021 and is pending trial before the leamed I Additional Metropolitan Sessions Judge, Hyderabad. 4. As per the decision of this Court in MAJID BABU V. HOME SECRETARY, GOVERNMENT OF ANDHRA I PRADESHI. in order to classiff a person as a habitual offender, he should be involved in more than two criminal cases. Following the aforesaid . iudgment, this Court in Mansoor Shah Khan v. State of Telangana (W. P. No. 22980 of 2020 dated 01. 06. 2021), held that rowdy sheet cannot be opened against a person unless he is involved in more than two criminal cases. The requirement of involvement in at least more than two cases for inferring the petitioner herein as habitual offender is not established in this case.
Hence, the continuance of rowdy sheet against the petitioner is unsustainable. 5. In view of the above, the writ petition is allowed. The respondents are directed to forthwith close the rowdy sheet opened against the petitioner. However, this order shall not preclude the respondent authorities to open a lowdy sheet against the petitioner, if the petitioner is involved in more than two (2) criminal cases, by following due process of law and in accordance with the I conditions prescribed in the Order No. 601 of the Telangana State Police Manual (TSPM). There shall be no order as to cosrs. I ll9sry z aLt eo+ As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed. SDI K. AMMAJI ASSISTANT REGISTRAR / ,TRUE COPY// / SECTION OFFICER To, 1. The Principal Secretary, Home Department, Secretariat, Hyderabad, State of Telangana. 2. The Commissioner of Police, Hyderabad Police Commissionerate. 3. The Deputy Commissioner of Police, North Zone, Hyderabad.
\ 4. The Asst. Commissioner of Police, Gopalapuram Division, Hyderabad. 5. The Station House Officer, Gopalapuram Police Station 6. One CC to SRI M. A. MUJEEB, Advocate [OPUC] 7. Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad [OUT] 8. Two CD Copies BSR (\[- GJP I I \ I HIGH COURT DATED: 2711112024 . rE S14 14: ( o t. ) O E JAN 2025 C) ), 't F}ATC HE0 ORDER WP. No. 30330 of 2024 ALLOWING THE WRIT PETITION, WITHOUT COSTS (|L \ ----\-l>Y 2-6lrw \o to? ie) 't
Source: High Court for State of Telangana. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.