1 APHC010962312018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATAJYOTHIRMAI PRATAPA WRIT PETITION NO: 46709/2018 Between: 1. DARGA SHAIK ABIBULLA, S/O ABDULLA SAHEB, AGED ABOUT 35 YEARS, OCC. BUSINESS, R/O D.NO.17/47, KHAJA STREET, NANDYALA TOWN, KURNOOL DISTRICT. 2. SHAIK JUBER, S/O FAKRUDDIN, AGED ABOUT 29 YEARS, OCC. BUSINESS, R/O D.NO.7/79-B4, NADIGADDA, NABI NAGAR, NANDYALA TOWN, KURNOOL DISTRICT. 3. SHAIK MAHABOOBBASHA, S/O CHINNA JAMAL BASHA, AGED ABOUT 29 YEARS, OCC. BUSINESS, R/O D.NO.21/452-232-B3/2, SHAROOQ NAGAR, NANDYALA TOWN, KURNOOL DISTRICT. 4. SHAIK JUBER AHMED, S/O SHARIEF, AGED ABOUT 20 YEARS, OCC BUSINESS, R/O D.N0.4-42,CHANPET, NANDYALA TOWN, KURNOOL DISTRICT. 5. SYED ABEED, S/O ABDULLA SAHEB, AGED ABOUT 35 YEARS, OCC. BUSINESS, R/O UPPARPET, NANDYALA TOWN, KURNOOL DISTRICT. 6. SHAIK AKTHAR SALMAN ZAKRIYA, S/O AKTHARJABEER HUSSAIN, AGED ABOUT 21 YEARS, OCC. BUSINESS, R/O D.NO.7-96, NADDIGADDA, NANDYALA TOWN, KURNOOL DISTRICT. 7. SHAIK LLIAZ, S/O GOUSEMOHIDDIN, AGED ABOUT 22 YEARS, OCC. BUSINESS, R/O D.NO.17/47, NADDIGADDA, NANDYALA TOWN, KURNOOL DISTRICT. 8. SHAIK MUKTHU, S/O MUKTHIJA VALI AGED ABOUT 22 YEARS, 2 OCC. BUSINESS, R/O NANDYALA TOWN, KURNOOL DISTRICT. 9. MOHAMMED MAJAHUDDIN, S/O MAHABOOBSAHEB. AGED ABOUT 35 YEARS, OCC BUSINESS,R/O NANDYALA TOWN, KURNOOL DISTRICT. ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARAIT, VELAGAPUDI, GUNTUR. 2. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH, MANGALAGIRI, GUNTUR. 3. THE SUPERINTENDENT OF POLICE, GUNTUR URBAN DISTRICT. 4. THE STATION HOUSE OFFICER, OLD GUNTUR POLICE STATION, GUNTUR URBAN DISTRICT. 5. SRINIVASA RAO BATTULA, STATION HOUSE OFFICER, OLD GUNTUR POLICE STATION, GUNTUR URBAN DISTRICT. 6. SHAIK MEERAVALI, S/O HUSSAIN AGED ABOUT 50 YEARS, OCC. NOT KNOWN, R/O D.NO.12-11-303, 5TH LINE RAMIREDDYTHOTA, GUNTUR, GUNTUR DISTRICT. ...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 toto issue a Writ or Writs or order one more particularly in the nature of Writ of Certiorarified Mandamus to call for records pertaining to FIR No.258/2018 dated 29-08-2018 registered on the file of the 4th respondent for offence under section 505 (1) B, 505 (2), 120 (b) Indian Penal Code and under Section 7 of Criminal Law Amendment Act, 1932 registered against the petitioners and quash FIR No.258/2018 registered on the file of the 4th respondent against the petitioners and consequently direct the i) 1st respondent to pay a compensation of Rupees 5 lakhs to each petitioner for illegal detention ii) direct the 1st respondent to initiate departmental action against the delinquent police officers for violating Section 41-A of Code of Criminal Procedure, and be pleased to pass such other order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice. iii) direct the 3rd respondent to 3 prosecute 4th and 5th respondents for illegally detaining the petitioners and be pleased to pass IA NO: 1 OF 2018 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 stay all further proceedings in FIR No.258/2018 registered on the file the 4th respondent police station against the petitioners and be pleased to pass Counsel for the Petitioner(S): 1. PONAVOLUSUDHAKARA REDDY Counsel for the Respondent(S): 1. GP FOR HOME (AP) 4 The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “….to issue a Writ or Writs or order one more particularly in the nature of Writ of Certiorarified Mandamus to call for records pertaining to FIR No.258/2018 dated 29-08-2018 registered on the file of the 4th respondent for offence under section 505 (1) B, 505 (2), 120 (b) Indian Penal Code and under Section 7 of Criminal Law Amendment Act, 1932 registered against the petitioners and quash FIR No.258/2018 registered on the file of the 4th respondent against the petitioners and consequently direct the i) 1st respondent to pay a compensation of Rupees 5 lakhs to each petitioner for illegal detention ii) direct the 1st respondent to initiate departmental action against the delinquent police officers for violating Section 41-A of Code of Criminal Procedure, and be pleased to pass such other order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice. iii) direct the 3rd respondent to prosecute 4th and 5th respondents for illegally detaining the petitioners and be pleased to pass.…” 2. None represented for the petitioners. 3. When the matter is taken up for hearing, learned Assistant Government Pleader on written instructions would submit after investigation, the police filed the charge sheet before the Court and the Court has taken cognizance for the offences. Thereafter, the petitioners filed discharge petition that was allowed by the Court. 4. Recording the same, this Writ Petition is disposed of. There shall be no order as to costs. 5 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 25.07.2025 MH 6 THE HONOURABLE DR JUSTICE VENKATAJYOTHIRMAI PRATAPA WRIT PETITION NO: 46709/2018 Dt.25.07.2025 MH