THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.9501 of 2009 DATE: 18.08.2009 Between: Feroz Jaffer ... Petitioner and The Government of A.P. Rep. by its Secretary, Home Department Secretariat Building, Hyderabad and others ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.9501 of 2009 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to direct the respondents to close a rowdy sheet alleged to be pending against him. 2. The case of the petitioner, in brief, is that the Inspector of Police, Dabeerpura P.S., Hyderabad - 5th respondent registered a case in crime No.8 of 2003 against him and another, for the offence punishable under Section 302 IPC r/w 34 IPC, on 24.01.2003, and after completion of investigation, filed charge sheet. The XVI Metropolitan Magistrate, Hyderabad, took the case on file as P.R.C.No.22 of 2003 and committed the case to the court of Sessions at Hyderabad and the Metropolitan Sessions Judge, Hyderabad made over the case to the court of II Additinal Metropolitan Sessions Judge, Hyderabad, for disposal, after numbering the same as Sessions Case No.355 of 2003. After full fledged trial and after hearing both sides, the learned Sessions Judge found the petitioner not guilty of the charge levelled against him, and accordingly, acquitted him, by judgment dated 13.04.2005. The grievance of the petitioner is that, however, the 5th respondent, on the strength of the aforesaid crime, is calling upon him to regularly mark his atendance at his police station. More over, on all the dates of festivals and national events or on any disturbances in the city, the 5th respondent is calling upon him to give his attendance at his police station. Inspite of his repeated requests to furnish a copy of rowdy sheet alleged to be pending against him, the 5th respondent is not furnishing the same. Subsequently, he got issued legal notices to the 5th respondent calling upon him to furnish a copy of rowdy sheet alleged to be pending against him, on 07.07.2008 and 06.03.2009. Having received the same, the 5th respondent neither furnished a copy of the rowdy sheet nor gave a reply to the said notices. Even thereafter, i.e. in January, 2009 he was again called to mark his atendance at the offices of respondents 5 and 6. Aggrieved by the same, he fled this writ petition. 3. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Home. 4. The learned counsel for the petitioner has submitted that even though the petitioner was found not guilty of the charge levelled against him in Sessions Case No.355 of 2003 on the file of the II Additional Metropolitan Sessions Judge, Hyderabad, and accordingly, he was acquitted of the same, the 5th respondent is calling upon him to mark his attendance at his police station, without furnishing a copy of the rowdy sheet allegedly pending against him, inspite of issuing legal notices on 07.07.2008 and 06.03.2009, that the inaction on the part of respondents 2 to 6 in furnishing the rowdy sheet number, if any, against the petitioner is arbitrary and vexatious, and therefore, prays to allow this writ petition. 5. Having considered the submissions made by both the learned counsel, this Court is of the considered view that opening of a rowdy sheet is not warranted, since the petitioner was acquitted of the offence under Section 302 IPC r/w 34 IPC in crime No.8 of 2003 on the file of the 5th respondent. If Crime No.8 of 2003, from which the petitioner was acquitted, is excluded, the only case, which is alleged to be pendng against him, is Crime No.48 of 2009 registered for the offence punishable under Section 107 Cr.P.C. as contended by the learned Government Pleader for Home, which cannot be a ground for opening a rowdy sheet against the petitioner. 6. Accordingly, this writ petition is allowed. The rowdy sheet, which is alleged to be pending against the petitioner, is hereby quashed. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 18th August, 2009 CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.9501 of 2009 (Allowed) 18th August, 2009 CBS