IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.11992 of 2009 Between: Mohd Ishaq S/oLate Hassan Mohammed H.No.16-10-270/6/6 Race Course Road Malkapet,Hyderabad ..... PETITIONER AND 1 The Commisioner of Police Hyderabad having office at Basheerbagh Hyderabad 2 The Assistant Commissioner of Police Mirchowk,Hyderabad 3 The Station House Officer P.S Mirchowk Hyderabad .....RESPONDENTS Counsel for the Petitioner: MR.MOHD.MOIN AHMED QUADRI Counsel for the Respondents: AGP FOR HOME The Court made the following : ORDER: This Writ Petition is filed for a Mandamus to declare the action of the respondents, in keeping the rowdy sheet against the petitioner alive, as illegal and violative of the petitioner’s fundamental rights. The petitioner claims to be carrying on jewellery business in the name and style of “Ishaq Jewellers”, Pathergatti, Hyderabad. A rowdy sheet was opened against him. According to the petitioner, he was never involved in any criminal case, warranting opening of such rowdy sheet. In response to the notice issued by this Court, respondent No.3, Station House Officer, Mirchowk Police Station, Hyderabad, filed a counter-affidavit wherein it is stated that on the complaint lodged by one Siddartha Roy Burman stating that his brother Mr.Partha Roy Burman, Son of Satya Prasad Burman, resident of Kolkata, who was one of the Directors of Khadims Group of Companies dealing in shoe manufacturing, was abducted and whisked away in a car after opening fire and injuring him; that on the said complaint, the Tiljala Police Station of West Bengal registered Crime No.223 of 2001 for offences under Section 364 (A), 307 read with Section 34 of the Indian Penal Code (for short ‘IPC’) and Sections 25 and 27 of the Arms Act against some persons including the petitioner herein, who is accused No.3 therein. It is further stated that the said offence of kidnapping was committed for ransom; that the accused in the said Crime received Rs.3 Crores from the victim’s family; that in connection with the said Crime, a rowdy sheet was opened against the petitioner on 17-08-2002; that since then, a constant surveillance is being maintained over his activities and that no rowdy sheet was opened against him. It is also stated that subsequent to the said incident, the petitioner was apprehended on 31-03-2009 for moving in suspicious manner and accordingly, he was bound over for good behavior by the Special Executive Magistrate in Crime No.66 of 2009 under Section 41 (a) and 107 of the Code of Criminal Procedure (for short ‘Cr.P.C.’) on 31-03-2009. When the Writ Petition was taken up for hearing on 17-07-2009, the learned Assistant Government Pleader for Home was directed to ascertain the present stage of Crime No.223 of 2001 of Tiljala Police Station, West Bengal. Today, on instructions, the learned Assistant Government Pleader submitted that the said case ended in the petitioner’s acquittal. Inasmuch as no Criminal Case is pending against the petitioner as of now and he is not involved in incidents that could cause reasonable apprehension in the mind of the Police that he may cause breach of peace and tranquility in the area, I do not find any justification to continue the rowdy sheet against the petitioner. Hence, the Writ Petition is allowed. Respondent Nos.2 and 3 are directed to forthwith close the rowdy sheet against the petitioner. ___________________________ (C.V.NAGARJUNA REDDY, J) 23rd July, 2009 lur