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2025 DAILYLAW 56978 (AP)

SHAIK NAYAB RASOOL v. THE STATE OF ANDHRA PRADESH

WP/34074/2025 · 2025-12-07

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010655562025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 34074/2025 Between: 1. SHAIK NAYAB RASOOL, S/O MOHAMMED BASHA SHAIK, AGED ABOUT 31 YEARS, OCCUPATION PRIVATE EMPLOYMENT (OVERSEAS), R/O FLAT NO. B-208, SRI SAI RAMS LAKE CITY,HAFEEZPET, MIYAPUR, RANGAREDDY DISTRICT, TELANGANA-500049. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, THROUGH ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH - 522 238. 2. 2. THE STATION HOUSE OFFICER, BADVEL URBAN POLICE STATION, BADVEL, YSR KADAPA DISTRICT, ANDHRA PRADESH - 516 227. 3. 3. BALISETTY HARSHAVARDHAN, S/O SREENIVASULU, KOTA STREET, BADVEL TOWN, YSR DISTRICT, ANDHRA PRADESH - 516 227. 4. 4. THE REGIONAL PASSPORT OFFICER, MINISTRY OF EXTERNAL AFFAIRS, D.NO.8-2-215 TO 219, KUMMARGUDA, SECUNDERABAD, TELANGANA - 500003. ...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 toPleased to issue an appropriate writ, order or direction, more particularly a Writ of Mandamus or any other appropriate writ, declaring the continuation of criminal proceedings in FIR No. 370/2024 dated 19.11.2024 registered by Badvel Urban Police Station, YSR Kadapa District and the consequential charge sheet taken on file as C.C. No. 1594/2024 before the Court of the learned Additional Junior Civil Judge, Badvel, as illegal, arbitrary, malafide, manifestly without basis, and violative of Articles 14 and 21 of the Constitution of India and consequently to quash the said FIR No 370/2024 and chargesheet numbered CC.No. 1594/2024 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 RespondentNo.4 - Regional Passport Officer, Secunderabad,Telangana - to process and issue the Petitioner's passport against Application Reference No. 25-1002484645 dated 28.02.2025, without insisting upon NOC, police closure certificate or any adverse verification solely on the basis of FIR No.370/2024 and to pass Counsel for the Petitioner: 1. VADLAPATLA SAI MALLIK Counsel for the Respondent(S): 1. The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 34074/2025 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 a Writ of Mandamus or any other appropriate writ, declaring the continuation of criminal proceedings in FIR No. 370/2024 dated 19.11.2024 registered by Badvel Urban Police Station, YSR Kadapa District and the consequential charge sheet taken on file as C.C. No. 1594/2024 before the Court of the learned Additional Junior Civil Judge, Badvel, as illegal, arbitrary, malafide, manifestly without basis, and violative of Articles 14 and 21 of the Constitution of India and consequently to quash the said FIR No 370/2024 and chargesheet numbered CC.No. 1594/2024 and to pass.……” 2. Heard Sri Vadlapatla Sai Mallik, learned counsel for the petitioner and V.Farook, learned Assistant Government Pleader for Home. 3. Aggrieved by the registration of FIR No. 370/2024 dated 19.11.2024 by Badvel Urban Police Station, YSR Kadapa District, and the consequential charge sheet C.C. No. 1594/2024 taken on file before the Court of the learned Additional Junior Civil Judge, Badvel, against the petitioner the present writ petition is filed. 4. Learned Assistant Government Pleader for Home would submit that the court may pass appropriate orders. 5. In the light of the same, this writ petition is disposed of. However, the petitioner is at liberty to pursue his remedy before the concerned Court. 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: 08.12.2025 KKV 44 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.34074 of 2025 Date: 08.12.2025 KKV HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: WRIT PETITION NO: 34074 of 2025 PROCEEDING SHEET Sl. No. Date ORDER OFFICE NOTE 08.12.2025 Dr.VJP,J The Writ Petition is disposed of. (vide separate order) ________ Dr.VJP,J KKV