ABDUL OMER , OMER Vs. GOVT OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed seeking to declare the action of respondents in not closing the rowdy sheet opened against him, even after the petitioner was acquitted in all criminal cases as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and to consequently direct the respondents to close the rowdy sheet opened against him and not to harass him in any manner.

(2.) The case of the petitioner is that he was falsely implicated in various offences by respondent No.2, namely (i) C.C.No.29 of 2022 on the file of XIV Metropolitan Magistrate, Cyberabad at LB Nagar for the offences punishable under Ss. 341, 120B, 447 and 506 IPC which ended in acquittal; (ii) C.C.No.267 of 2009 on the file of XIV Metropolitan Magistrate, Cyberabad, at LB Nagar, for the offences punishable under Ss. 447 and 506 IPC which ended in acquittal; and (iii) S.C.No.101 of 2010 on the file of V Additional Assistant Sessions Judge (FTC), RR District, for the offences punishable under Ss. 448, 342, 324 read with 34 IPC which also ended in acquittal. It is the further case of the petitioner that no crimes are pending against him in any police station as on date. However, basing on the alleged offences, the respondents opened rowdy sheet against him. The main grievance of the petitioner is that even though there are no criminal cases pending against him, the respondents with a mala fide intention are continuing the rowdy sheet and due to surveillance, he is facing much inconvenience and hardship to lead a respectable and dignified life in the society.

(3.) A counter affidavit has been filed respondent No.3 stating that there was involvement of the petitioner in (i) Crime No.41 of 2003 for the offences punishable under Ss. 427, 323, 390 IPC on the file of Pahadishareef Police Station, Cyberabad, which ultimately ended in compromise before the Lok Adalat on 1/4/2003; (ii) Crime No.21 of 2024 for the offence punishable under Sec. 324 IPC on the file of Kamatipura Police Station, Hyderabad and the same ended in acquittal; (iii) Crime No.61 of 2024 for the offences punishable under Ss. 341, 120-B, 447 and 506 of IPC on the file of Pahadishareef Police Station, Cyberabad, which also ended in acquittal on 21/2/2005 vide C.C.No.29 of 2009; (iv) Crime No.284 of 2024 for the offences punishable under Ss. 427, 506 and 290 IPC on the file of Pahadishareef Police Station, Cyberabad and the same ended in acquittal on 25/1/2005 vide C.C.No.399 of 2005; and (v) Crime No.351 of 2010 for the offences punishable under Sec. 110 (e) of Cr.P.C. of Pahadishareef Police Station, Cyberabad and the Mandal Executive Magistrate, Saroornagar, bound over the petitioner on 20/9/2010. It is further stated that to curb and curtail the unlawful activities of the petitioner, a rowdy sheet was opened against him, after obtaining permission from the higher officials on 23/8/2004, to watch his movements from time to time in the public interest.