APHC010310142023 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: 15924/2023 Between: 1. ABDUL KALAM, S/O MUNAF, AGED ABOUT 42 YEARS, OCC. RTD. ARMY, R/O. D.NO1-51/2, NEAR GOVT HOSPITAL, NIZAMPATNAM, NIZAMPATNAM MANDAL, REPALLE, GUNTUR DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMRAVATI, GUNTUR (D). 2. THE DY SUPERINTENDENT OF POLICE, , BAPATLA DT, 3. THE CIRCLE INSPECTOR, RAPEILE, P.S, BAPATLA. 4. SHAIK JANI, S/O. SHAIK JHUNNA SHAHEB, D.NO. 20-1, NEAR GOVT. HOSPITAL, NIZAMPATNAM VILLEGE, BAPATLA DT. ANDHRA PRADESH, PIN CODE. 522 314. 5. MOHAMMED AYUB, S/O. (LATE) MD. RAWOOF, D.NO.1-102-1, KAPULA COLONY, NEAR OLD POST OFFICE NIZAMPATNAM VILLEGE, BAPATLA DT. ANDHRA PRADESH, PIN CODE. 522 314. 6. ABDUL LATHIF, S/O. ABDUL SUREJAN, D.NO. 1-225, NIZAMPATNAM VILLEGE, BAPATLA DT. ANDHRA PRADESH, PIN. 522 314 ...RESPONDENT(S): 2 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 order or direction more particularly one in the nature of WRIT OF MANDAMUS to direct the action of the 2 to 4 respondents refused to receiving compliant dated 22-05-2023 of the petitioner against 4th to 6th respondent regarding the illegal and high handed action to action threatened bet and demand petitioners to withdraw suit not registering the FIR though sent complaint by register post the receive the complaint and not registering FIR/crime u/s 135A,159,268,296,298,506 R/w 34 of IPC against the 4th to 6th respondent is illegal arbitrary and principles of natural Justice 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 to direct the Respondent No 2 and 4 to direct the respondents not to interfere into the petitioners day to day religious activities including the performing of Namaz in the said mosque and grant Status Quo in and as per the provisions of Code of Criminal Procedure 1973, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. khader vali shaik Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 15924 of 2023 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “…to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS to direct the action of the 2 to 4 respondents refused to receiving compliant dated 22-05- 2023 of the petitioner against 4th to 6th respondent regarding the illegal and high handed action to action threatened bet and demand petitioners to withdraw suit not registering the FIR though sent complaint by register post the receive the complaint and not registering FIR/crime u/s 135A,159,268,296,298,506 R/w 34 of IPC against the 4th to 6th respondent is illegal arbitrary and principles of natural Justice.…” 2. When the matter is taken up for hearing, Sri V.Farook, learned Assistant Government Pleader for Home, on written instructions, would submit that pending enquiry on the complaint of the petitioner, the respondent police have received a hospital intimation dated 22.05.2023 from the victim i.e., on Abdul Nazeer. Basing on the said hospital intimation, a case was registered in Cr.No.74 of 2023 under Sections 323, 506 r/w 34 of IPC of Nizampatnam P.S., against the unofficial respondents and others. After due investigation, charge sheet is also filed in the above said crime vide C.C.No.636 of 2023 dated 30.11.2023 before the learned Judicial First Class Magistrate Court, Repalle. 4. Learned counsel for the petitioner would submit that recording the same, this Writ Petition may be disposed of. 4 5. Recording the same, this Writ Petition is disposed of. 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.15924 of 2023 Dated.04.12.2025 UPS 234