Thatipamula Sai Teja Goud v. The State of Telangana and 3 others
Court: High Court for State of Telangana
Bench: P NAVEEN RAO
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2020-12-16. Thatipamula Sai Teja Goud v. The State of Telangana and 3 others. Read the judgment and case...
Judgment text
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF DECEIVBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE P. NAVEEN RAO wRtT PET|TTON NO. 1s849 0F 2020 Between: Thatipamula Sai Teja Goud, S/o. Late Ashok, Age 22 years, Occ: Business, Fl/o. H. No. 10-5-717,Sai Nagar, Tukkaramgate, Secunderabad, Hyderabad. ... PETITIONER AND 1. The State of Telangana, rep. by its Principal Secretary, Home Department Secretariat, Hyderabad. 2. The Commissioner of Police, Hyderabad District at Hyderabad. 3. The Assistant Commissioner of Police, Gopalapuram Division, North Zone, At Secunderabad. 4. The Station House, Tukaramgate, Secunderabad, Hyderabad, District. ...
RESPONDENTS Petition under Article 226 ol ihe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the action of the Respondent No. 4 in continuing the rowdy sheet against the Petitioner in Tukkaramgate Police Station is illegal, arbitrary u nco nstitutiona I and violation of Article 14 and 21 of the Constitution of lndia and consequently direct the 4th Respondent herein to close the rowdy sheet against the Petitioner in Tukkaramgate police station.
lA NO: 1 OF 2020 Petition under Section 151 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 4th Respondent herein not to call the petitioner to the police station or in any manner interfere with his personal life and liberty, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI MEESALA VINOD KUMAR Counsel for the Respondents: AGP FOR HOME The Court made the following: ORDER THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETI TION No. 158 49 0F 2020 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for the respondents. 2. Petitioner claims to be doing business' He alleges that the people belonging to rival political parties in the locality unable to digest the good name and fame of the petitioner foisted false case against him. In C. C. No. 262 of 2Ol9 petitioner was shown as accused No. 3 and in C. C. No.
349O of 2019 he is shown as accused' Both the C. Cs. , were settled before the Lok Adalat on 14'12'2019' Petitioner alleges that on the ground that two crimes were registered against him, rowdy sheet was opened and even after his acquittal, rowdy sheet is continued. 3. In the counter affidavit, the respondents assert that petitioner was involved in five crimes. In Crime No'242 of 2018' after investigation, charge sheet was filed and the trial Court took cognizance of the offence and petitioner was facing trial in C. C. No. 262 of 2019 on the Iile of XXII Additional Chief of Metropolitan Magistrate, Secunderabad. Another Crime No'131 2019 was also registered against the petitioner' After conducting investigation, final report was filed. The trial Court took cognizance of the offence and petitioner was facing trial in C. C. No. 3348 of 20 19 in the Court of XXII Additional Chief Metropolitan Magistrate at Secunderabad.
In addition to this, there were two petty cases registered against the petitioner on J 11. 08. 2017and17. 01. 2018'Further'inCrimeNo'54of2019'the by the passed orders binding over Mandal Executive Magistrate petitioner for good conduct' Assistant Government 4. Based on these averments, learned petitioner is a known to contend that Pleader for Home sought does not is required to ensure that he offender and surveillance is He further submits that petitioner indulge in further crimes' young and energetic and unless surveiliance is kept' there would be grave danger to Iaw and order' 5. Learned counsel for the petitioner does not disPute the He to No'3348 of 2019 for trial' sought factum of pendency of C'C rowdY sheet need not be a petty offence, contend that on continued. 6.
Having regard to the fact that petitioner was involved in 5to6crimesandasofnow,heisfacingtrial,perse,itcannotbe said that opening of rowdy sheet and continuing 1S illegal warranting interference by this Court at this stage 7. However, as petitioner contends that what is alleged in C. C. No. 334B of 2019 is only a minor offence and does not require opening of rowdy sheot, liberty is granted to the petitioner to make of Police to an application before the Assistant Commissioner against him' of rowdy sheet opened review further continuation disposed of granting the writ petition is 8. In view of the same, before the Assistant make an application liberty to the petitioner to Police Station' Zone' Mahankali of Police, North Commissioner Secunderabad. Ifsuchapplicationisfiledbythepetitioner,the respondent police sha11 review further continuation of rowdy - sheet opened against the petitioner within two weeks from the date of receipt of such application.
It is open to the petitioner to submit all the orders of the Court granting acquittal of the offences in which he was earlier shown as accused along with the application for review of the decision to continue the rowdy sheet. Miscellaneous petitions, if any pending, stand closed. SD/. B. SATYAVATHI ASSISTANT REGIS R \ ,TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Home Department, State of Telangana, Secretariat, Hyderabad. 2. The Commissioner of Police, Hyderabad District at Hyderabad. 3. The Assistant Commissioner of Police, Gopalapuram Division, North Zone, At Secunderabad, 4. The Station House, Tukaramgate, Secunderabad, Hyderabad, District. 5. One CC to Sri Meesala Vinod Kumar, Advocate [OPUC] 6. Two CCs to GP for Home, High Court for the State of Telangana at Hyderabad. IOUT] 7. Two CD Copies. NiP $v HIGH COURT DATED:1611212020 1 1 HE STA ( o o 04 JAl\l 2021 C -l' * pAa . t ORDER WP. No. 15849 of 2020 DISPOSING OF THE WRIT PETITION WITHOUT COSTS
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