KARRE JAGADISH CHOWDARY Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Writ Petition has been filed seeking to declare the action of the official respondents in opening Suspect/Rowdy Sheet against the petitioner on the file of the official respondents 3 to 5, as illegal, arbitrary and violative of Articles 14, 19 and 21 of the Constitution of India and consequently, to direct the official respondents to drop all further proceedings by removing/withdrawing Suspect/Rowdy Sheet against the petitioner.

(2.) The case of the petitioner is that the petitioner was falsely implicated as accused in Crime No.233 of 2019, dtd. 19/10/209 registered by P.S., C.C.S., Hyderabad under Sec. 420 read with Sec. 34 of the Indian Penal Code (IPC) and the same was numbered as C.C.No.12214 of 2020, dtd. 19/12/2020 on the file of the XII Additional Chief Metropolitan Magistrate at Nampally, Hyderabad. Earlier, the police of Chikkadpally P.S. registered a crime vide FIR.No.167 of 2010 under Ss. 468, 420 and 417 IPC against him and after filing of charge sheet, the case was numbered as C.C.No.523 of 2011 on the file of the IX Additional Metropolitan Magistrate at Nampally, Hyderabad and after full-fledged trial, the IX Additional Metropolitan Magistrate, acquitted him from the said charges on 17/8/2012. Likewise, another case in Crime No.186 of 2012 for the offences under Ss. 471, 419, 420 and 468 IPC of P.S. Nacharam was registered against him, which was numbered as C.C.No.402 of 2012 on the file of the XIII Metropolitan Magistrate Court at L.B.Nagar and in the said case also, the petitioner was acquitted from the charges on 24/11/2015. The grievance of the petitioner is that even though one case i.e. C.C.No.12214 of 2020 on the file of the XII Additional Chief Metropolitan Magistrate at Nampally, Hyderabad is pending against him, the police, in the name of interrogation, have been frequently calling him to Police Station and making him to wait hours together on suspicion and also coming to his house in the midnight and calling him to come down and taking his pictures. It is further submitted that on 13/12/2021, he received a call from the fourth respondent asking him whether he is staying in the same house or not and warned him to settle the matter in Crime No.233 of 2019, in which case he was falsely implicated and threatened him to implicate in similar offences if he did not oblige his words. The grievance of the petitioner is that even though investigation has been completed, charge sheet has been filed and the said case is pending for trial, the respondent police authorities, at the instance of the complainant's family, have been harassing, threatening and trying to detain him in the police station under the guise of the said case without any reasons and thereby, he is facing much inconvenience and hardship.

(3.) A counter affidavit has been filed by respondent Nos.4 and 5 herein, inter aila stating that the petitioner is a rowdy sheeter and in this connection, the Assistant Commissioner of Police, Automobile Team, CCS, DD, Hyderabad, accorded permission to open Suspect Sheet against the petitioner and accordingly, suspect sheet was opened against him on 1/11/2021 and on the point of jurisdiction, it was transferred to the fifth respondent-Police Station on 25/11/2021 and it stood renewed up to 31/12/2023. It is further contended that the petitioner is accused No.1 in Crime No.167 of 2010 of Chikkadpally Police Station, Hyderabad, for the offences under Ss. 420, 460 and 471 IPC. The said crime was charge-sheeted vide C.C.No.523 of 2011 on the file of the IX Additional Metropolitan Magistrate, Hyderabad at Nampally but the said case ended in acquittal on 17/8/2012. It is further contended that the petitioner is accused No.3 in Crime No.186 of 2012 of Nacharam Police Station for the offences under Ss. 420, 419, 468 and 471 IPC, which was ended in acquittal vide C.C.No.402 of 2012 on the file of the XIII Metropolitan Magistrate, Cyberabad at L.B.Nagar. It is further submitted that the police are not calling him to the Police Station and not making him to wait hours together and also not visiting his house in the midnight and not calling him to come down and not taking his pictures. The police are not interfering with the life and liberty of the petitioner except maintaining suspect sheet against the petitioner and they are not harassing him or calling him to the Police Station. It is further submitted that due to elections, the Special Executive Magistrate, Hyderabad vide Mc.No.B/1147/2023, dtd. 17/10/2023 issued orders binding over the petitioner for keeping good behavior for a period of one year on his executing a bond for Rs.50,000.00. The petitioner, without disclosing the said fact, filed the present Writ Petition falsely contending that CCS Police and Narayanaguda Police are frequently visiting his house at day and night.