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2025 DAILYLAW 40734 (AP)

SMT.RIZWANA BEGUM v. THE STATE OF ANDHRA PRADESH

WP/12731/2023 · 2025-12-03

Venkata Jyothirmai Pratapa

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010240452023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 12731/2023 Between: 1. SMT.RIZWANA BEGUM, W/O MOHD. SHAMEEM, AGED ABOUT 56 YEARS, OCC. HOUSEWIFE, R/O H.NO. 8-71, KANAGALA VILLAGE, CHERUKUPALLI MANDAL, BAPATLA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, BAPATLA DISTRICT 3. THE STATION HOUSE OFFICER, CHERUKUPALLI POLICE STATION, BAPATLA DISTRICT. 4. MURUGULA JUVERIA SULTANA, D/O RASOOL AHMED MURUGULA, AGED ABOUT 30 YEARS, 5. MURUGULA RASOOL AHMED, S/O MURUGULA GHOUSE MOHIDDIN, AGED ABOUT 55 YEARS 6. MURUGULA JAVED AHAMAD, S/O MURUGULA RASOOL AHMED AGED ABOUT 29 YEARS, 7. GHAIK GHOUE BASHA, S/O SHAIK BUDE SAHEB AGED 65 YEARS, 8. SHAIK KARIMULLA, S/O SHAIK BUDE SAHEB, AGED ABOUT 61 YEARS 2 9. SHAMEELA BEGUM, W/O SHAIK FAIZULLA, AGED ABOUT 50 YEARS 10. AHAMED JANI, S/O SHAIK JEELANI, AGED ABOUT 40 YEARS, NOS. 4 TO 10 ARE R/O FLAT NO. 301 NEW APARTMENTS, BESIDE BRINDAVAN NAGAR, 3RD LINE, ONGOLE, PRAKASAM 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 to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the action of the respondent police in taking action against the unofficial respondents pursuant to the complaint dt. 25-4-2023 followed by complaint dt. 1-5-2023 given in Spandana followed by personal visits, as being illegal, arbitrary, unjust and unconstitutional and consequently direct the respondent police to forthwith act upon the complaints and take action against the unofficial respondents as per Law, and to grant IA NO: 1 OF 2023 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 3rd respondent herein to register the FIR against the unofficial respondents basing on the complaints dt. 25-4-2023 and 1-5-2023, pending disposal of the main Writ Petition, and to pass IA NO: 2 OF 2023 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 permit me to make necessary amendment at para No.2 and para No.10 of the writ affidavit as inaction of the respondent police in the place of action of the respondent police in the interest of justice and to pass Counsel for the Petitioner: 1. T ARUNACHALAM Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 12731 of 2023 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “…to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the action of the respondent police in taking action against the unofficial respondents pursuant to the complaint dt. 25-4-2023 followed by complaint dt. 1-5-2023 given in Spandana followed by personal visits, as being illegal, arbitrary, unjust and unconstitutional and consequently direct the respondent police to forthwith act upon the complaints and take action against the unofficial respondents as per Law,.…” 2. When the matter is taken up for hearing, Sri V.Farook, learned Assistant Government Pleader for Home, on written instructions, would submit that after receipt of the Spandana petition of the petitioner, the respondent police conducted an enquiry into the matter. During the course of the enquiry, it came to light that, based on the complaint, a case was registered against the petitioner and her family members in Cr. No. 261 of 2023 under Sections 498- A and 324 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act of Ongole Rural Police Station. He would further submit that he respondent police made an enquiry into the alleged incident, but it was found that no such threatening or vandalism occurred at the house of the petitioner as alleged. The Inspector of Police submitted his detailed report to the Superintendent of Police, Bapatla District, to that effect. 4 3. Learned counsel for the petitioner would submit that the Court may pass appropriate Orders. 4. Recording the same, this Writ Petition is disposed of. However, the petitioner is at liberty to work out her remedies before the appropriate forum according to law. 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 Date: 04.12.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.12731 of 2023 Dated.04.12.2025 UPS 195