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2025 DAILYLAW 25236 (AP)

Azmath Khatoon, v. The State of A.P.,

WP/18421/2025 · 2025-07-23

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010356242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY. THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI WRIT PETITION No: 18421 OF 20?*^ PRATAPA Between: Azmath Khatoon, W/o. Pathan Rahamathulla Occ: Home Maker, Residing at 87-1095-21-F, Near Parthasaradi Tower, Ganesh Nagar, Kurnool Khan. Aged about 71 Years, Fourth Class Employee Colony I, Andhra Pradesh. ...PETITIONER AND 1. The State of A.P, Rep. by its Principal Secretary, Home Department. Secretariat Buildings, Velagapudi Amaravathi. 2. The Superintendent of Police, Kurnool District, 3. The Station House Officer, Kurnool III Town District, Andhra Pradesh. 4. Rasheeda Khatoon, W/o. Late Pathan Imthiyaz Amanulla Khan, Aged about 34 Years A, N.R. Peta, Kurnool, Kurnool District, A.P. 5. Rahamath Khatoon, W/o Mohammad Amanulla Years, Occ; Home Maker District, A.P, 6. Althaf Khan, S/o. Mohammad Amanulla Occ; Home Maker, R/o. 43-159-A, N.R. A.P. Amaravathi Guntur District, Andhra Pradesh. Police Station, Kurnool Khan, D/o. Mohammad Occ; Home Maker, R/o. 43-159- Khan Aged about 58 R/o. 43-159-A, N.R. Peta, Kurnool Kurnool Khan, Aged about 33 Years, Peta, Kurnool, Kurnool District, ...RESPONDENTS 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 to issue a writ, order or direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of the Respondents No.2 & 3 especially the inaction of the respondent No.3 in Conducting investigation and filing Final report/chargesheet in FIR No.597 of 2023 dated 19-10-2023 against the Respondents No. 4 to 6 herein even inspite of representations dated 10-11-2023 and 02-06-2025as being illegal, arbitrary and against the principles of natural justice and also in violation of free and fair investigation and violative of Fundamental Rights enshrined under Articles 14, 19 and 21 of Constitution of India and consequently direct the official Respondents herein to conduct investigation in the suspicious circumstances of death of petitioner son occurred on 19-10-2023 and take action on the Respondents No. 4 to 6 herein and file final report as expeditiously possible. lA 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 to direct the Respondent No.2 & 3 to consider the representation dated 10-11-2023 and 02-06-2025 and pass appropriate orders in accordance to law pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI V.NITESH Counsel for the Respondent Nos.1 to 3: ASST.GP FOR HOME Counsel for the Respondent Nos.4 to 6: The Court made the following order: APHC010356242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18421/2025 Between: 1.AZMATH KHATOON AGED ABOUT 71 YEARS, OCC.HOME MAKER, RESIDING AT 87- 1095-21-F, FOURTH CLASS EMPLOYEE COLONY PARTHASARADI TOWER, GANESH NAGAR ANDHRA PRADESH. W/0. PATHAN RAHAMATHULLA KHAN NEAR KURNOOL, ...PETITIONER AND 1.THE STATE OF A P, REP. BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, SECRETARIAT BUILDINGS,’ VELAGAPUDI,AMARAVATHI, GUNTUR DISTRICT, AMARAVATHI.’ 2.THE SUPERINTENDENT OF POLICE, KURNOOL DISTRICT ANDHRA PRADESH. 3.THE STATION HOUSE OFFICER, KURNOOL III TOWN POLICE STATION, KURNOOL DISTRICT, ANDHRA PRADESH 4.RASHEEDA KHATOON, W/0. LATE PATHAN IMTHIYAZ KHAN D/0. MOHAMMAD AMANULLA KHAN AGED ABOUT 34 YEARS OCC. HOME MAKER, KURNOOL DISTRICT, A.P. 5.RAHAMATH KHATOON, W/0 MOHAMMAD AMANULLA KHAN AGED ABOUT 58 YEARS, OCC. HOME MAKER, R/0. 43-159-A N.R. PETA, KURNOOL KURNOOL DISTRICT, A.P, 6.ALTHAF KHAN, S/0. MOHAMMAD AMANULLA KHAN R/0. 43-159-A, N.R. R/0. 43-159-A, N.R. PETA, KURNOOL AGED ABOUT 33 YEARS, OCC.HOME MAKER PETA, KURNOOL, KURNOOL DISTRICT, A.P ...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 to issue a writ, order or direction, more particularly one in the nature of writ of mandamus declaring the inaction of the Respondents No.2 and 3 especially the inaction of the respondent no.3 in Conducting investigation and filing Final report/charge sheet in FIR No.597 of 2023 dated 19-10-2023 against the Respondents No. 4 to 6 herein even in spite of arbrtrarilnS'arainstfhTplc®;,^^^^^ 02 06-2025as being illegal free and fair investigation and^violativp p violation of under Article 14, 19 and 21 of Constitutinn Rights enshrined the official Respondents herein to condnrt • ‘^^'^sequently direct circumstances of death of petitioner son suspicious action on the Respondents No f to rT expeditiously possible and pass ^ take report as Counsel for the Petitioner 1.VNITESH Counsel for the Respondent(S)- 1- GP FOR HOME The Court made the following: ORDER: This writ Petition is filed by the Petitioner seeking indulgence under Article 226 of the Constitution of India for the following relief: nature of wrifof mLlZs declarina‘ihf“°"v'"°"® P^'hoularly one in the ^"h the inaction of the respondenTm°v No.2 and filing Final report/charge sheet in FIR No SQ7 f investigation against the Respondents No. 4 ot 6 herein ef„ 19-10-2023 dated 10-ll-2023and 02-06-2025as be^o iiren!,i ''epiesentations principles Of natural justice and also in viLtS nf and against the and violative of Fundamental Rights enshrin^H w investigation Constitution of India and consequentirc^^ S the'n^^^^ 21 of conduct investigation in the suspicious ^ occurred on 19-10-2023 and tate action o of petitioner and hie final report as expeditiousCssiHe and 2. The grievance of the of this Court son to 6 herein petitioner is that the not complete the investigation and file final With Crime No.597 of 2023 registered on 19.10.2023. respondent authorities did report/charge sheet in connection Kurnool, which of III Town Police Station, was 3 Pleader for Home appearing for would submit that the Court may pass appropriate 3. Learned Assistant Government respondents on instructions orders. 4. In that view, it is apposite to direct the respondent authorities to conclude the investigation and file final report/charge sheet according to law in No.597 of 2023 of III Town Police Station, Kurnool, if not connection with Crime completed yet, within a period of three months from the date of receipt of a copy of this Order. 5. Accordingly, this Writ Petition is disposed of. No order as to costs. Pending applications, if any, shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// 0 SECTION OFFICER To, Home Department, State of Andhra Pradesh 1. The Principal Secretary Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. Kurnool District, Andhra Pradesh. 2. The Superintendent of Police 3. The Station House Officer, Kurnool 111 Town Police Station, Kurnool District, Andhra Pradesh. 4. Rasheeda Khatoon, W/o. Late Pathan Imthiyaz Khan, D/o. Mohammad about 34 Years, Occ; Home Maker, R/o. 43-159- Amanulla Khan, Aged A, N.R. Peta, Kurnool, Kurnool District, Andhra Pradesh. 5. Rahamath Khatoon W/o Mohammad Amanulla Khan Aged about 58 Years, occ; Home Maker, R/o. 43-159-A, N.R. Peta, Kurnool Kurnool District, Andhra Pradesh. 6. Althaf Khan, S/o. Mohammad Amanulla Khan, Aged about 33 Years, occ: Home Maker, R/o. 43-159-A, N.R. Peta, Kurnool, Kurnool District, Andhra Pradesh. 7. One CC to Sri V.Nitesh, Advocate [OPUC] 8. Two CCS to Asst.GP for Home, High Court of Andhra Pradesh [OUT] 9. Two CD Copies. \ HIGH COURT DATED:24/07/2025 ORDER WP No.18421 OF 2025 SI 0 h AUG 2025 IS -^V yCo ^ysQiirrent Sectjoitx*Cy DISPOSING THE WRIT PETITION WITHOUT COSTS