Extracted from the PDF above. The PDF is authoritative.
APHC010336622025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 17199/2025 Between:
1. MOHAMMAD AYUB,, S/O ABDUL RAWOOF, AGED ABOUT 66 YEARS, OCC EX-ARMY, R/O. D.NO. 1-102-1, KAPULA COLONY NIZAMPATNAM, BAPATIA DISTRICT. AP-522314. MOB NO.
9441023305.
2. SHAIK JANI,, S/O SHAIK JUNHU SAHEB AGED ABOUT 65 YEARS, OCC FARMER NEAR GOVT HOSPITAL, NIZAMPATNAM, BAPATIA DIST, AP-522314.
...PETITIONER(S) AND
1. THE STATE OF A P, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, AP SECRETARIAT VELAGAPUDI, AMARAVATI, AP-522237
2. THE SUPERINTENDENT OF POLICE, BAPATIA DIST, BAPATIA, AP- 522101
3. THE INSPECTOR OF POLICE, REPALLE RURAL, BAPATIA DIST- 522265
4. THE SUB INSPECTOR OF POLICE, NIZAMPATNAM PS, BAPATIA DIST- 522314
...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 tomay be pleased to issue a writ or order or direction more particularly one in the nature of writ of Mandamus declaring the inaction of respondent police on 1st petitioners representation more particularly made through registered post No. RN694618961IN and RN694618958IN dated 06.05.2025 seeking filing of charge sheet in respect of FIR No. 17 of 2024 dated 10.01.2024 registered at Nizampatnam police station to reach the ends of justice as per Sec 173 of CrPC is illegal, arbitrary, biased, unconstitutional, against the principles of natural justice. Consequently, direct the respondents police to file the charge sheet in the jurisdictional Magistrate court duly considering the 1st petitioners representation dated 06.05.2025 and to pass IA NO: 1 OF 2025 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 may be pleased to direct the respondents police to recover the fraudulently
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withdrawn amount of the subject Mosque herein to the tune of Rs.3,11,511 /- pending disposal of the above writ petition and pass Counsel for the Petitioner(S):
1. MD SALEEM PASHA Counsel for the Respondent(S):
1. GP FOR HOME The Court made the following:
ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“.... a writ or order or direction more particularly one in the nature of writ of Mandamus declaring the inaction of respondent police on 1st petitioners representation more particularly made through registered post No RN694618961IN and RN694618958IN dated 06.05.2025 seeking filing of charge sheet in respect of FIR No.17 of 2024 dated 10.01.2024 registered at Nizampatnam police station to reach the ends of justice as per Sec 173 of CrPC is illegal arbitrary biased unconstitutional against the principles of natural justice Consequently direct the respondents police to file the charge sheet in the jurisdictional Magistrate court duly considering the 1st petitioners representation dated 06.05./2025.”
2. Heard learned counsel for the petitioners and the learned Assistant Government Pleader for Home.
3.
Learned counsel for the petitioners would submit that a direction may be given to the respondent/police to conclude the investigation in Crime No.17 of 2024 and file a final report.
4. Considering the submissions made, the Writ Petition is disposed of. However, Police are directed to conclude the investigation in the above crime and file a report in accordance with law, within a period of three months from the date of receipt of a copy of this order. 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:29.07.2025 Asr
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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.17199 of 2025
Dt.29.07.2025
Asr