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2025 DAILYLAW 29336 (AP)

SHAIK JAFFAR v. THE STATE OF AP

WP/21786/2025 · 2025-08-21

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010419962025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY,THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21786 OF 2025 Between: 1. SHAIK JAFFAR, S/o Abdul Khadar, Aged about 35 years, Occ Business, Resident of Muneera Apartment, 29thWard, Ponnur Town and Mandal, Guntur District. 2. Shaik Azaruddin, S/o Khaja Mohiddin Shaik, Aged about 39 year OccBusiness, Resident of D.No.23 Ward, Ponnur Town and Mandal, Guntur District 3. shaik Munna, S/o Khaleel Ahmed Shaik, Aged about 37 years, OccBusiness, Resident of D.No.2 Mandal, Guntur District. 1. THE STATE OF AP, Rep. by its Principal Secretary, Department of Home, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Circle Inspector, Ponnur Town Police Station, Guntur District. 3. The Sub Inspector of Police, Ponnur Town Police Station, Guntur District. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA PETITION NO: 21786 OF 2025 1. SHAIK JAFFAR, S/o Abdul Khadar, Aged about 35 years, Occ Business, Resident of Muneera Apartment, 29thWard, Ponnur Town and Mandal, 2. Shaik Azaruddin, S/o Khaja Mohiddin Shaik, Aged about 39 year OccBusiness, Resident of D.No.23-4-14, Near Tukaram Rice Mill, 29th Ward, Ponnur Town and Mandal, Guntur District 3. shaik Munna, S/o Khaleel Ahmed Shaik, Aged about 37 years, OccBusiness, Resident of D.No.2-2-21, Mullavari Street, Ponnur Town and ...Petitioners AND 1. THE STATE OF AP, Rep. by its Principal Secretary, Department of Home, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Circle Inspector, Ponnur Town Police Station, Guntur District. Sub Inspector of Police, Ponnur Town Police Station, Guntur District. ...Respondents IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. SHAIK JAFFAR, S/o Abdul Khadar, Aged about 35 years, Occ Business, Resident of Muneera Apartment, 29thWard, Ponnur Town and Mandal, 2. Shaik Azaruddin, S/o Khaja Mohiddin Shaik, Aged about 39 years, 14, Near Tukaram Rice Mill, 29th 3. shaik Munna, S/o Khaleel Ahmed Shaik, Aged about 37 years, 21, Mullavari Street, Ponnur Town and ...Petitioners 1. THE STATE OF AP, Rep. by its Principal Secretary, Department of Home, 2. The Circle Inspector, Ponnur Town Police Station, Guntur District. Sub Inspector of Police, Ponnur Town Police Station, Guntur 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 pleased to issue Writ, or Direction especially one in the nature of Writ of Mandamus declaring the action of the Respondents 2 and 3 in calling the petitioners to their police station in view of a crime in FIR No.73 of 2025, dated 17-04-2025 on the file of the 3rd respondent police station is registered against the petitioners and others for the offences punishable under Sections 281, 296, 351(2), 292, 115(2), 118 (1) r/ 3 (5) BMS without following due process of law is illegal, arbitrary and unconstitutional and also violation of Article 19 and 21 of the Constitution of India and consequently direct the respondents 2 and 3 not to harass the petitioners by calling them to their police station and 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 pleased to direct the respondents 2 and 3 not to harass the petitioners by calling them to their police station in view of a crime in FIR No.73 of 2025, dated 17-04-2025 on the file of the 3^^ respondent police station is registered against the petitioners and others for the offences punishable under Sections 281, 296, 351(2), 292, 115(2), 118 (1) r/w 3 (5) BMS without following due process of law, pending disposal of the Writ petition before this Honourable court and pass Counsel for the Petitioners: VUTUPALLI RAJANNA Counsel for the Respondents: GP FOR HOME The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21786 OF 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue Writ, or Direction especially one in the nature of Writ of Mandamus declaring the action of the Respondents 2 and 3 in calling the petitioners to their police station in view of a crime in FIR No.73 of 2025, dated 17-04-2025 on the file of the 3rd respondent police station is registered against the petitioners and others for the offences punishable under Sections 281, 296, 351(2), 292, 115(2), 118 (1) r/ 3 (5) BMS without following due process of law is illegal, arbitrary and unconstitutional and also violation of Article 19 and 21 of the Constitution of India and consequently direct the respondents 2 and 3 not to harass the petitioners by calling them to their police station and pass…” 2. Heard Sri Mr.Vutupalli Rajanna, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the petitioner would submit that, under the guise of investigation the police are calling the petitioners to the police station. 4. Learned Assistant Government Pleader would submit that the Court may pass appropriate orders. 5. Considering the above said submissions, the Writ Petition is disposed of. However, the respondent-police are directed to follow the due process of law to call the petitioner to the police station relating to the crime registered. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA 22.08.2025 KKV THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21786 OF 2025 22.08.2025 KKV