MOHD ISHAQ Vs. COMMISSIONER OF POLICE HYDRABAD

JUDGEMENT

(1.) 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.

(2.) 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.

(3.) 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 sathya 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. 8. 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. 3. 2009 for moving in suspicious manner and according, he was bound over for good behaviour by the Special Executive Magistrate in Crime No. 66 of 2009 under Sections 41 (a)and 107 of the Code of Criminal Procedure (for short 'cr. P. C. ') on 31. 3. 2009.