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2025 DAILYLAW 52023 (AP)

SHAIK CHINA PATCH SAHEB v. The State Of Andhra Pradesh

WP/18387/2025 · 2025-11-12

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010354822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE THIRTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18387/2025 Between: 1. SHAIK CHINA PATCH SAHEB, S/O KHASIMPEERA, ADDRESS 5- 29A, TALLURU, TALLURU, PRAKASAM DISTRICT, ANDHRA PRADESH - 523111 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS. PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS AT MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH. 3. THE SUPERINTENDENT OF POLICE, PRAKASAM DISTRICT, ONGOLE. 4. THE SUBDIVISIONAL POLICE OFFICER, KANIGIRI SUB-DIVISION, KANIGIRI, PRAKASAM DISTRICT, AP. 5. THE STATION HOUSE OFFICER, KANIGIRI POLICE STATION, PRAKASAM DISTRICT, AP. ...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 or order direction more particularly one in the nature of WRIT OF MANDAMUS declaring the high-handed action of the Respondents in the impugned Rowdy Sheet No. 17 of 2025 against the Petitioner on the file of Respondent No.5 Kanigiri Police Station, Prakasam District, as highly illegal, arbitrary, unconstitutional, unjust and violative of principles of natural justice, rule of law and against Article 14 and against the true letter and spirit of Right to Privacy contemplated under Article 21 of the Constitution of India and consequentially direct the Respondents herein to close the Rowdy Sheet No. 17 of 2019 that was opened against the Petitioner on the file of Respondent No.5 Kanigiri Police Station, Prakasam District and to 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 5th respondent not to call the petitioner to the police station pursuant to Rowdy Sheet No. 17 of 2019 that was opened against the Petitioner on the file of Respondent No.5 Kanigiri Police Station, Prakasam District, pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. INAKOLLU VENKATESWARLU Counsel for the Respondent(S): 1. GP FOR HOME ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue a writ or order direction more particularly one in the nature of WRIT OF MANDAMUS declaring the highhanded action of the Respondents in the impugned Rowdy Sheet No 17 of 2025 against the Petitioner on the file of Respondent No 5 Kanigiri Police Station Prakasam District as highly illegal arbitrary unconstitutional unjust and violative of principles of natural justice rule of law and against Article 14 and against the true letter and spirit of Right to Privacy contemplated under Article 21 of the Constitution of India and consequentially direct the Respondents herein to close the Rowdy Sheet No 17 of 2019 that was opened against the Petitioner on the file of Respondent No 5 Kanigiri Police Station Prakasam District and to pass.…” 2. Heard Sri Inakollu Venkateswarlu, learned counsel for the petitioner and Sri Md.Farook, learned Assistant Government Pleader for Home for the respondents. 3. Learned Assistant Government Pleader for Home, would submit that the cases registered against the Petitioner were ended in acquittal. It is further stated that, to curb and curtail the unlawful activities of the Petitioner in the vicinity, rowdy sheet No.17 of 2025, was opened against the Petitioner. 4. Learned counsel for the Petitioner would submit that no cases are pending against the Petitioner. 5. Considering the submissions, the Writ Petition is allowed and the rowdy sheet bearing No.17 of 2025 on the file of the Kanigiri Police Station, Prakasam District, opened against the Petitioner is hereby set aside. 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: 13.11.2025. M K K HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No.18387 of 2025 Dated: 13.11.2025 M K K 158