Allowed

Murarikar Sonu v. The State of Telangana

Telangana HC14 Oct 2024WP/22883/2023

Case brief

AI extract

What is this about?

Petitioner challenged opening of a rowdy sheet and repeated police summons despite being involved in only one criminal case. Following the court's earlier ruling that 'habitual offender' status requires more than two cases, the court allowed the petition and directed closure of the rowdy sheet.

What did the court decide?

Rowdy sheet against petitioner to be closed forthwith; no costs; liberty to reopen per due process and TSPM Order 601 if more than two cases.

Murarikar Sonu Vs The State of… — Constitutional and Fundamental Rights | Telangana HC (2024)

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[³¹⁸³ ]

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HIGH COURT^{FOR THE STATEOF TELANGANAAT HYDERABAD} (SPecial OriginaI^{Jurisdiction)}

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MONDAY, THE^{FOURTEENTH DAY OF OCTOBER} TWO THOUSAND^{AND TWENTYFOUR}

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PRESENT

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THE HONOURABLE^{SRI JUSTICE B.VIJAYSEN REDDY}

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WRIT PETITI^{ON NO:22883 oF 2023}

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Between:

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Murarikarsonu,s/o.MurarikarAshok,Agedabout26years,occ:Labourer'R/o135:ib,i6I'35, i";io tlagii,^{ziasuda'Hvdeiabad- 500 006}

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..PETITIONER

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AND 1 The State of^{Telangana, Rep' by its Prl' Secretary(Home)' Secretariat'} Hyderabad.

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2 The Deputv^{Commissionerof Police, South West Zone' Pillar} ^No⁶ ri,i"=rroi6li##'^{io"ai, ii;Gic"r#v, r'lumlvunNagar'Hvderabad - 500 028}

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3 The 'i 5:Si?, Assistant ii;;s;niiiiiN^Commissioner rg",,^of ziaguda, Hvderabad^{Police, Kulsumpurlf-S' - 50o 264'} -South^{West Zone'}

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4 The Station^{HouseOfficer. PS, Kulsumpull'€outhWest Zone' 13-3-821'} ni".gi'njihi^{Nigar,Ziasuda, Hyderabad - 500264'}

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...RESPONDENTS I,

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PetitionunderArticle226oftheConstitutionoflndiaprayingthatinthe circumstancesStatedintheaffidavitfiledtherewith,theHighCourtmaybe pleased to issue^{a Writ,Order or directions,more particularlya Writin the natureof} mandamus^{declaring the action of the respondentsin opening rowdysheet against} the^{petitionerherein in terms of the police standingorders and keepingthe} petitioner under surveillance^{and summ-oning the petitioner to the police station} withoutanyreasonischallengedinthisvriritpetitionasbeingarbitrary,illegaland violativeofArticlesl4,lg(1)(d)and2lofConstitutionoflndiaandconsequently direct the^{respondentsto close the roMy sheet purportedlyopened againstthe} petitionerundertheinstructionsoftheAssistantCommissionerofPolicebythe SHO at P.S.,^KulsumPura

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IA NO | 1oF²⁰²³

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Petitionundersectionl5lCPCprayingthatinthecircumstancesstatedin the affidavit filed^{in support of the petition,the High court maybe pleased to direct} the respondents^{not to summoned the petitionerto the police station without} registration^{of anY offence}

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Counsel^for the^{Petitioner:SRI B' CHINNAIAH}

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Counsel^{for the Respondents:AGP FOR HOME}

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The^{Courtmade the following:ORDER}

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HONOURABLE^{SRIJUSTICEB. VIIAYSENREDDY} WRIT PETITION No^{.22883 0F 2023}

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ORDER:^(ORAL)

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This writ petition^{is filed by the petitionerseekingto declare the} action of^{respondent authoritiesin opening d-re rowdysheet against} him and^{frequently summoning him to the PoliceStation'as being} illegal, arbitrary^{and unconstitutional'}

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Heard leamed^{counselfor the petitioner and leamed Assistant} Government^{Pleaderfor Home, and perused the materialon record'}

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l,earned counsel^{for the petitioner submitted that the rowdy} sheet^{was opened againstthe petitionerbasing on a solitary crime i'e'} Crime^{No.23of 2023 registeredwith Kulsumpura Police Station'for} the offences^{punishable underSections302 and 120(8) read with} section^{34 of the Indian PenalCode (IPC) and section25(1)(4) of the} Arms Act,^1959.

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Learned^{AssistantGovemment Pleader for Home submitted} that counter^{has been filed by respondent No'4 -the Assistant} Commissioner^{of Police, Kulsumpura Division' opposingthe writ}

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petition. It is submitted that though the petitioner is involved in one (1) crirninal case, he is young and energetic and there is every possibility of creating nuisance to the general public. That in order to ensure that there is no breach of public peace and tranquiJlity rowdy sheet has been opened against the petitioner to keep surveillance on him.

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This Court in Mansoor Shah Khan v. State of Telangana

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(W.P. No.22980 of 2020 dated 01.06.2021) case, held ttrat a person can be labelled as 'habitual offender' if he is involved in more than two (2) criminal cases. Admittedly, the petitioner. was involved in only one (1) criminal case as on the date of opening of rowdy sheet.

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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

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costs.

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As a sequel thereto,^{miscellaneous applications,il any, pending}

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in the writ^{petitionstand closed.}

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//TRUE^COPY"

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sD/-A.v.s.^PRA9A6 ASSISTANT^REGIS,RAR SECTION^%,,.,*

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