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2025 DAILYLAW 21330 (AP)

Feroz Pasha v. The State of Andhra Pradesh

WP/19969/2020 · 2025-08-18

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010300752020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 19969/2020 Between: 1. FEROZ PASHA, S/O MOHD MAHBOOB AGED 35 YRS, OCC PRIVATE 2. RASHEED UR RAHMAN, S/O JAMEEL UR RAHMAN AGED 33 YRS, OCC PRIVATE 3. MOHAMMED MCCSAM HUSSAIN, S/O MOHD MUJTABA HUSSAIN AGED 30 YRS, OCC PRIVATE ALL R/O H.NO. 19-1-1052/15, BAHADURPURA, HYDERABAD, TELANGANA STATE ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP ITS PRINCIPAL SECRETARY HOME DEPARTMENT SECRETARIAT, VELAGAPUDI AMARAVATI GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE SUPERINTENDENT OF POLICE, KRISHNA DISTRICT, ENGLISHPALEM, RESERVE POLICE QUARTERS, MACHILIPATNAM, ANDHRA PRADESH 521002 3. THE STATION HOUSE OFFICER, TIRUVURUR POLICE STATION TIRUVURU MANDAL, KRISHNA DISTRICT, AP ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a Writ, order or Direction more particularly one in 2 the nature of Writ of mandamus declaring the action of the respondent no.3 in frequently calling the petitioners 1-3 to the police station and attempting to arrest/detained the petitioners 1-3 without there being any FIR or case registered against the petitioners and without following due process of law as illegal arbitrary and violative of article 14, 21 of Indian constitution and against the principles of natural justice and consequently direct the respondent no.3 to restrain from taking any coercive steps against the petitioners 1-3 without following due process of law and may pass order or orders as this Honourable court may deem fit and proper under the circumstances of the case and in the interest of justice. IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondent no.3 to restrain from taking any coercive steps against the petitioners 1-3 without following due process of law pending disposal of the writ petition and may pass Counsel for the Petitioner(S): 1. KHAJA NIZAMUDDIN Counsel for the Respondent(S): 1. GP FOR HOME 3 The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “....to issue a Writ, order or Direction more particularly one in the nature of Writ of mandamus declaring the action of the respondent no.3 in frequently calling the petitioners 1-3 to the police station and attempting to arrest/detained the petitioners 1-3 without there being any FIR or case registered against the petitioners and without following due process of law as illegal arbitrary and violative of article 14, 21 of Indian constitution and against the principles of natural justice and consequently direct the respondent no.3 to restrain from taking any coercive steps against the petitioners 1-3 without following due process of law and may pass order or orders as this Honourable court may deem fit and proper under the circumstances of the case and in the interest of justice....” 2. None represented for the petitioners. 3. Sri V.Farook, learned Assistant Government Pleader for Home, would submit that this petition is filed seeking a direction to the police to follow due process of law for taking any coercive steps and would further submit that Court may pass appropriate orders. 4. In that view, this writ petition is disposed of. However, the police are directed to follow due process of in case any crime is registered against the police. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:19.08.2025 MH 4 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA 38 W.P.No.19969 of 2020 Dt.19.08.2025 MH 6