HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.28133 of 2010 Date : 16.03.2011 Between : Birmal Srikanth. …..Petitioner And The Commissioner of Police, Sultan Bazar & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.28133 of 2010 ORDER : This writ petition is filed, seeking directions by way of Mandamus, declaring the action of respondents in continuing the rowdy sheet opened against the petitioner on 18.05.2005, as illegal and arbitrary. It is the case of the petitioner that he was falsely implicated in certain crimes, and inspite of his acquittal in the said cases by competent Courts and though no further cases are registered against him, respondents are mechanically continuing the rowdy sheet opened against him. A detailed counter affidavit is filed by the 3rd respondent. In the counter, while denying the various allegations made by the petitioner, it is stated that the petitioner was involved in Crime Nos.116 of 2005, 248 of 2000, 251 of 2006, 69 of 2009 and 253 of 2010 on the file of P.S.Sultan Bazar. It is stated that Crime No.253 of 2010 is still pending and bind over proceedings are valid up to 20th of July 2011. It is stated that in view of the said proceedings initiated in Crime No.253 of 2010, it is necessary to keep a watch on the activities of the petitioner. In the counter itself, it is stated that so far as Crime No.116 of 2005 is concerned, the same was compromised before Lok Adalat in Crl.M.P.No.1628 of 2005. It is stated that Crime No.148 of 2000 was tried in S.C.No.145 of 2003 on the file of the learned I Additional Metropolitan Sessions Judge, Hyderabad and the same has ended in acquittal. It is further stated that Crime No.251 of 2006 is with regard to proceedings under Section 107 Cr.P.C., binding over the petitioner for a period of one year, which has already expired. Crime No.69 of 2009 is also with regard to bind over proceedings, which period is also expired. So far as Crime No.253 of 2010 is concerned, the same is also registered under Section 107 Cr.P.C, binding over the petitioner for a period of one year, which will be in force up to 20th of July 2011. The persons, who may be classified as ‘rowdies’, is mentioned in Police Standing Order No.602-1. As per Standing Order 602-1B, the persons bound over under Section 107 Cr.P.C., are also classified as rowdies for the purpose of opening rowdy sheets in Form No.80. As the petitioner is already acquitted in some cases and Crime No.116 of 2005 is compromised, and in view of the fact that the bind over orders passed in Crime No.253 of 2010, are in force up to 20th of July 2011, I deem it appropriate to dispose of the writ petition, permitting the petitioner to make a representation to the respondents in the 1st week of July 2011, to close the rowdy sheet opened against him. If any such representation is filed, and if the petitioner does not involve in any further crimes, respondents are directed to consider such representation and pass appropriate orders for closing the rowdy sheet opened against the petitioner. I am sure that while considering such representation of the petitioner, respondents shall keep in mind the acquittal of petitioner in Crime No.248 of 2000 and the compromise recorded in Crime No.116 of 2005, and expiry of bound over periods in Crime Nos.251 of 2006 and 69 of 2009. Orders shall be passed by the respondents within a period of four weeks from the date of filing of representation by the petitioner and the same shall be communicated to him. Subject to the above directions, the writ petition is disposed of. No costs. ______________________ R. SUBHASH REDDY, J 16th March 2011 ajr