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2025 DAILYLAW 53020 (AP)

NALLABANDA SHAIK ASLAM v. THE STATE OF AP

WP/21920/2023 · 2025-12-03

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010425502023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21920 OF 2023 Between: 1. NALLABANDA SHAIK ASLAM, S/o.Mahabub Sahib, Aged.70 years, Occ. Carpenter, R/o.ACSR Colony, Near Bilal Majid, Atmakur Village and Mandal, SPSR Nellore District. ...Petitioner AND 1. THE STATE OF AP, Rep. by its Principal Secretary(Home) Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The Superintendent of Police, , SPSR Nellore District At Nellore. 3. The Station House Officer, Atmakur, SPSR Nellore District. 4. Sri Mutyala Rao, SHO, Atmakur Town, SPSR Nellore District.. 5. Shiak Roufgh, , S/o.N.Shaik Aslam, Aged. 40 years, R/o.ACSR Colony, Atmakur Town and Mandal, SPSR Nellore District. 6. Shaik Arif, S/o.Shaik Khadar, R/o.ACSR Colony, Atmakur Town and Mandal, SPSR Nellore District. 7. Smt Bibi Nazar, W/o.Shaik Khadar, R/o.ACSR Colony, Atmakur Town and Mandal, SPSR Nellore District. 8. Mohammad Abdul Azeez, , S/o.Mohammad Ghouse Saheb, Aged. 64 years, Occ. Retired Court Employee, R/o.Atmakuru Town and Mandal, SPSR Nellore 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 topleased to issue appropriate Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the the action of the respondents No.2 to 4 failed to conduct investigation as per the written complaint lodged by the petitioner through Registered post DT.17- 07-2023 against the respondents No.5 to 8 on the death of 5th respondent wife committed sucide in his house on 09-07-2023 as arbitrary, illegal against Art.19 and 21 of the Constitution of India and consequentially direct the respondents No.3 to hand over the keys of the petitioners house(Ground Floor) situated in ACSR Colony, Atmakur Village, SPSR Nellore District and to pass 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 pleased to direct the respondents No.2 to 4 to register FIR against the respondents No.5 to 8 as per registered post DT.17-07-2023 by conducting detailed investigation as per section 36 Cr.P.0 pending disposal of the above writ petition and to pass Counsel for the Petitioner: NAGARAJU NAGURU Counsel for the Respondents: GP FOR HOME Counsel for the Respondents:HARINATH REDDY SOMA THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21920 OF 2023 The Court made the following Order: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue appropriate Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents No.2 to 4 failed to conduct investigation as per the written complaint lodged by the petitioner through Registered post DT.17-07-2023 against the respondents No.5 to 8 on the death of 5th respondent wife committed suicide in his house on 09-07-2023 as arbitrary, illegal against Art.19 and 21 of the Constitution of India and consequentially direct the respondents No.3 to hand over the keys of the petitioners house(Ground Floor) situated in ACSR Colony, Atmakur Village, SPSR Nellore District and to pass such other order or orders…” 2. It is represented that the learned counsel for the petitioner has become Government Pleader. 3. When the matter is taken up for hearing, Sri V. Farooq, learned Assistant Government Pleader for Home, representing respondent Nos.1 to 4, would submit that, basing on the contents of the complaint, respondent No.3 registered a case in Crime No.95 of 2023 under Section 174 Cr.P.C. He would further submit that no further information was received immediately after the alleged incident and that the respondent-police never called the petitioner or threatened the petitioner to obtain signatures on blank papers. He further submitted that the petitioner never appeared before the police station in person to lodge a complaint but merely sent a representation through registered post, and therefore, no crime has been registered in the present matter. 4. As no further arguments are required in this matter, this Writ Petition is disposed of, however, the petitioner is at liberty to approach the police to pursue his complaint. 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 Ksj