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2025 DAILYLAW 40706 (AP)

Shaik Nazeer Bhasha v. The State of Andhra Pradesh,

WP/27577/2021 · 2025-10-28

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010431762021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 27577 OF 2021 Between: 1. Shaik Nazeer Bhasha, , S/o Shaik Mohammad Subhani, Aged about 21 years, Dr. No. 7-76-1, Chinnagudumotu, lingarediipalem, Koduru, Koduru Mandal, Krishna, Andhra Pradesh- 521328 2. Shaik Nagur Bhasha, , S/o Shaik Mohamrrad Subhari, Aged about 23 years, Dr. No. 7-76-1, Chinnagudumctu, lingarediipalem, Koduru, Koduru Mandal, Krishna, Andhra Pradesh- 521328 3. Shaik Adam, @ Shail Bajiba, S/o Hamidh Aged about 35 years, Dr. No. 7- 76, Chinnagudumotu, lingarediipalem, Koduru, Koduru Mandal, Krishna, Andhra Pradesh- 521328 ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Department of Home, Secretariat Buildings, Velagapudi. Guntur District. 2. The Superintendent of Police, Superintendent of Police Bungalow, Police Head Quarters, Machilipatnam, Andhra Pradesh 3. The Station House Officer, Koduru Police Station, Koduru Mandal, Krishna 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 a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action on the part of the Respondent No.3 taking law into their own hands by way of private settlement, as illegal, arbitrary and violative of Article 21 of the Constitution of India, consequently direct the Respondent No.3 herein to not to interfere with the personal life and liberty of the Petitioners herein, and to pass IA NO: 1 OF 2021 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 herein to not to insist the presence of the Petitioners herein in the Respondent No.3's office, and pass appropriale orders expeditiously, pending disposal of the main Writ Petition, and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioners: K V ADITYA CHOWDARY Counsel for the Respondents: GP FOR HOME The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 27577 OF 2021 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “....pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action on the part of the Respondent No.3 taking law into their own hands by way of private settlement, as illegal, arbitrary and violative of Article 21 of the Constitution of India, consequently direct the Respondent No.3 herein to not to interfere with the personal life and liberty of the Petitioners herein, and to pass...” 2. Heard Sri K.V.Aditya Chowdary, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home. 3. Learned Assistant Government Pleader for Home would submit that the petitioner is involved in several crimes, including Cr.No.231 of 2020 registered for the offences punishable under Sections 323 and 324 read with 34 IPC at Konduru Police Station, which was compromised before the Lok Adalat, JFCM, Avanigadda. It is further submitted that another crime was registered against the petitioner in Cr.No.247 of 2021 dated 20.09.2021 for the offence under Section 324 read with 34 IPC, in which 41-A Cr.P.C. notices were issued, and the case is pending trial. It is also submitted that rowdy sheets were opened against the petitioner on 18.10.2021 vide C.No.284/SDPO.A/2021 under APPM Order No.601. 4. Recording the same, the writ petition is disposed of. However, the respondent authorities shall follow the procedure directed by the Division Bench of this Court in its order dated 12.09.2022 in I.A.No.1 of 2022 in Writ Appeal No.674 of 2022, for summoning the petitioner to the police station on account of the pending rowdy sheet. The police are further directed to follow due process of law in respect of the cases registered against the petitioner. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. _________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:29.10.2025 KKV HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA 52 W.P.No.27577 of 2021 Dt. 29.10.2025 KKV HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: W.P.No.27577 of 2021 PROCEEDING SHEET Sl. No. Date ORDER OFFICE NOTE 1 29.10.2025 Dr.VJP,J The Writ Petition is disposed of. (Vide separate order) ________ Dr.VJP, J KKV