Telangana High Court
Thorpunoori Dhanunjaya Goud vs The State Of Telangana on 31 December, 2024
Author: B. Vijaysen Reddy
Bench: B. Vijaysen Reddy
HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.29816 OF 2024
ORDER :
(ORAL)
This writ petition is filed by the petitioner seeking to declare the
action of the respondent authorities in opening rowdy sheet against
him vide proceedings No.07/Rowdy sheet/ACP-VPRM/RCK/2018
dated 08.01.2019 and not reviewing the rowdy sheet despite the order
dated 09.02.2024 passed by this Court in W.P. No.29842 of 2023, as
being illegal, arbitrary and unconstitutional.
2. Heard learned counsel for the petitioner and learned Assistant
Government Pleader for Home, and perused the material on record.
3. Learned counsel for the petitioner submitted that due to
political rivalry and at the instance of local MLA, rowdy sheet was
opened against the petitioner arbitrarily vide proceedings No.07/
Rowdy sheet/ACP-VPRM/RCK/2018 dated 08.01.2019. It is
submitted that the petitioner was involved in five (5) criminal cases
registered with Abdullapurmet Police Station out of which three (3)
cases were closed. The details of the said criminal cases are as under:
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i) Crime No.44 of 2017 registered under Sections 447 and 427 of the
Indian Penal Code (IPC) wherein charge sheet has been filed vide
C.C. No.1273 of 2017 and the same ended in compromised in Lok
Adalat on 07.06.2022.
ii) Crime No.147 of 2017 registered under Section 353 IPC wherein
charge sheet has been filed vide C.C. No.1114 of 2017 and the same
ended in acquittal vide judgment and decree dated 19.09.2019.
iii) Crime No.202 of 2018 registered under Sections 468, 471, 473 and
472 IPC wherein charge sheet has been filed vide C.C. No.1151 of 2020
and the same is pending for trial.
iv) Crime No.287 of 2018 registered under Sections 188, 290 and 143
read with Section 149 IPC wherein charge sheet has been filed vide
C.C. No.337 of 2019 and the same is pending for trial.
v) Crime No.293 of 2018 registered under Sections 323, 504 and 506
IPC wherein charge sheet has been filed vide C.C. No.1107 of 2018 and
the same ended in compromise before the Lok Adalat on 07.06.2022.
4. It is submitted that due to political rivalry, again during
elections 2019-20, four (4) crimes were registered against the petitioner
which are as under:
i) Crime No.29 of 2019 registered under Sections 171(C) 504 and 506
read with Section 34 IPC wherein charge sheet has been filed vide
S.T.P. No.12 of 2019 and the same ended in acquittal vide judgment
and decree dated 19.04.2024.
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ii) Crime No.30 of 2019 registered under Sections 171(C) 504 and 506
read with Section 34 IPC wherein charge sheet has been filed vide
S.T.C. No.13 of 2019 and the same ended in compromise in Lok
Adalat on 30.12.2023.
iii) Crime No.49 of 2020 registered under Sections 341, 323, 504 and
506 read with Section 34 IPC wherein charge sheet has been filed vide
C.C. No.564 of 2020 and the same is pending for trial.
iv) Crime No.58 of 2020 registered under Sections 420, 324, 352, 342,
409, 506 IPC wherein charge sheet has been filed vide C.C. No.122 of
2024 and the same is pending for trial.
5. It is stated that W.P. No.29842 of 2023 was filed by the
petitioner before this Court which was disposed of by the order
09.02.2024 directing respondents to review the rowdy sheet opened
against him. Learned counsel for the petitioner submitted that for
the past five (5) years, there are no new criminal cases registered
against the petitioner. The criminal cases which are pending
against the petitioner do no relate to commission of offences
involving breach of public peace and tranquillity and all the
offences arise out of civil disputes. That, based on such offences,
rowdy sheet cannot be opened against the petitioner and he cannot
be treated as a habitual offender.
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6. In the counter affidavit filed by respondent No.3 – the
Assistant Commissioner of Police, Rachakonda Commissionerate,
it is stated that there are four (4) criminal cases pending against the
petitioner and thus, he is a habitual offender and in order to
prevent him from committing further offences, rowdy sheet was
opened against him. The petitioner is doing real estate business;
he is involved in village politics and his wife previously worked as
Sarpanch of Abdullapurmet Village and there is possibility of
petitioner involving in politics and committing further crimes.
So far, the petitioner was involved in nine (9) criminal cases out of
which four (4) cases are pending for trial. If the rowdy sheet
opened against the petitioner is closed, he may influence the
witnesses and frustrate the criminal proceedings.
7. Learned Government Pleader for Home submitted that all
the offences wherein trial is pending against the petitioner involve
breach of public peace and tranquillity and thus, the petitioner is
not entitled for any relief in this writ petition.
8. Learned counsel for the petitioner submitted that Crime
No.287 of 2018 dated 14.09.2018 was registered with
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Abdullapurmet Police Station for the offences punishable under
Sections 188, 290 and 143 read with Section 149 IPC wherein charge
sheet has been filed vide C.C. No.337 of 2019 before the learned
XXIV Additional Metropolitan Magistrate, Rachakonda at
Hayatnagar (for short ‘learned Magistrate’). The said case was
registered alleging that the petitioner and others have gathered at
YNR Gardens, Abdullapumet and organized some party meeting.
They formed unlawful assembly and conducted party meeting till
14.30 hours by using sound boxes and caused disturbance to the
public peace and tranquillity. So far as, Crime No.202 of 2018 dated
07.07.2018 registered with Abdullapurmet Police Station registered
for the offences punishable under Sections 468, 471, 473 and 420 IPC
is concerned, learned counsel submitted that the allegation against
the petitioner that No-Objection Certificate (NOC) issued in his
name for current meter connection of Plot No.96 in Survey No.141,
142, 143, 144 and 146/A is a forged document. The petitioner
forged the said document by using fake stamps and got current
meter connection illegally thereby cheating the Gram Panchayat
Secretary. Learned counsel further submitted that even Crime
Nos.49 of 2020 dated 09.02.2020 and 58 of 2020 dated 20.02.2020
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registered with Abdullapurmet Police Station are related to the land
disputes.
9. On reading the contents of the charge sheets in Crime Nos.49
and 58 of 2020, the allegation is that the petitioner along with others
have assaulted the complainants-victims therein. Prima facie,
the above said crimes involve breach of public peace and
tranquillity. So far as, Crime No.287 of 2018 dated 23.01.2019
registered with Abdullapurmet Police Station for the offences
punishable under Sections 341, 290 and 143 and 149 IPC and
Section 21 read with Section 76 of the Hyderabad City Police Act,
1348 F is concerned, charge sheet has been filed vide C.C. No.337 of
2019 before the learned Magistrate alleging that the petitioner and
others have organized the meeting with approximately five
hundred (500) people without obtaining permission from the
concerned authorities; caused disturbance to the public peace and
tranquillity thereby obstructing vehicular traffic. There is no
allegation that any individual or aggrieved person has lodged any
complaint against the petitioner regarding public nuisance.
The main allegation against the petitioner that some party meeting
was conducted without obtaining proper permission from the
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concerned authorities. So far as, Crime No.202 of 2018 dated
07.07.2018 is concerned, charge sheet has been filed before the
learned Magistrate alleging that the NOC obtained by the petitioner
for current meter connection is a forged document and the said
complaint was lodged by the Gram Panchayat Secretary.
10. Thus, Crime Nos.287 and 202 of 2018 do not attract offence
relating to breach of public peace and tranquillity; if these two
crimes are not taken in to consideration, there would be two (2)
other crimes i.e. Crime Nos.49 and 58 of 2020 pending against the
petitioner.
11. This Court in Mansoor Shah Khan v. State of Telangana
(W.P. No.22980 of 2020 dated 01.06.2021) case, held that a person can
be labelled as ‘habitual offender’ if he is involved in more than two (2)
criminal cases. Admittedly, there are two criminal cases pending
against the petitioner which deal with breach of public peace and
tranquillity. Thus, opening and maintain rowdy sheet against the
petitioner is arbitrary and unjust.
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12. In view of the above, the writ petition is allowed and the rowdy
sheet opened against the petitioner shall be closed forthwith.
However, this order shall not preclude the respondent authorities to
open a rowdy sheet against the petitioner by following due process of
law, if he is involved in more than two (2) pending criminal cases and
the conditions prescribed in the Order No.601 of the Telangana State
Police Manual (TSPM) are satisfied. There shall be no order as to
costs.
As a sequel thereto, miscellaneous applications, if any, pending
in the writ petition stand closed.
______________________
B. VIJAYSEN REDDY, J
December 31, 2024
RRK