HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.21802 of 2010 Date: 02.02.2011 Between : Syed Riyazuddin @ Riyaz. ….Petitioner And The Commissioner, Hyderabad City & others. ….Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.21802 of 2010 ORDER : In this writ petition, the petitioner seeks directions by way f Mandamus, declaring the action of respondents in opening and continuing rowdy sheet against him in the office of respondent No.3, as illegal and arbitrary, and consequently, direct the respondents to close the rowdy sheet opened against him. It is the case of the petitioner that he is a businessman involved in construction business and is a permanent resident of House No. 6-5-187/1, New Bhoiguda, Secunderabad. It is submitted that he was falsely implicated in Crime No.363/1999 on the file of P.S.Gandhinagar, for the offence under Section 307 r/w.34 IPC, and in Crime No.407/2003 on the file of Kushaiguda P.S., for the offence under Section 302 of IPC. It is the grievance of the petitioner that though he was acquitted by competent Courts in the aforesaid crimes, respondents are continuing the rowdy sheet opened against him, without any basis. Counter affidavit is filed by respondents, wherein, it is stated that the petitioner was involved in Crime No.363/1999 for the offence under Section 307 r/w.34 of IPC on the file of Gandhinagar P.S., in Crime No.407/2003 for the offence under Section 302 of IPC on the file of Kushaiguda P.S. and in Crime No.285/2010 under Section 107 Cr.P.C. While admitting that the petitioner was acquitted in Crime Nos.363/1999 and 407/2003, it is stated that as the petitioner was involved in a case registered for the offence under Section 302 of IPC, to keep a close watch, respondents are continuing the rowdy sheet against the petitioner. Opening of rowdy sheets, history sheets etc., are governed by the Police Standing Orders. In Police Standing Order No.601, the situations under which a rowdy sheet can be opened and continued, are enumerated. In the instant case, though two cases were registered against the petitioner, even according to the counter, the petitioner was acquitted in both the cases, prior to 20th August 2008. The case registered in Crime No.285/2010 is only under Section 107 Cr.P.C., under which, he was bound over for a period of six months. In view of acquittal of petitioner in Crime Nos.363/1999 and 407/2003, and in the absence of his involvement in any further crimes after 2003, this Court is of the view that there is no valid reason or basis for continuing the rowdy sheet against the petitioner. Even as per the Police Standing Orders, once a rowdy sheet is opened, it is obligatory on the part of Police to review such sheets at the end of every year, taking into account the conduct of the persons against whom such rowdy sheets are opened. Except stating that the petitioner was involved in earlier crimes, no reasons are indicated for continuing the rowdy sheet opened against the petitioner. For the aforesaid reasons, the writ petition is allowed and the rowdy sheet continued against the petitioner on the file of the 3rd respondent-Station House Officer, Gandhinagar P.S., is hereby quashed. It is made clear that if the petitioner involves in any further crimes, this order will not preclude the respondents from opening a fresh rowdy sheet against him. No costs. _____________________ R.SUBHASH REDDY, J 2nd February 2011 N.B: Issue C.C. in three days. (b/o) ajr