Extracted from the PDF above. The PDF is authoritative.
APHC010419692021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25796/2021 Between:
1. MOHAMMAD BASHA, S/O KALANDAR SAAB, AGED ABOUT 64YEARS OCC-CULTIVATION, R/O D.NO. 1-602 MADAKASIRA MAIN ROAD, PARIGI VILLAGE AND MANDAL, ANANTAPURAM DISTRICT
...PETITIONER AND
1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY,
HOME DEPARTMENT,SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.
2. THE SUPERINTENDENT OF POLICE, ANANTAPUR,ANANTAPURAM DISTRICT.
3. THE DEPUTY SUPERINTENDENT OF POLICE, PENUKONDA,ANANTAPURAM DISTRICT
4. THE STATION HOUSE OFFICER, PARIGI POLICE STATION, PARIGI MANDAL,ANANTAPURAM DISTRICT
5. MEHABOOB KHAN, S/O AHMMAD KHAN, AGED ABOUT 45YEARS, GUJARI,INDIRAMMA COLONY, PARIGI,PARIGI MANDAL, ANANTAPURAM DISTRICT.
6. MUSTAFA, S/O ABDUL RASHEED SHA, AGED ABOUT 34YEARS, SEETARAMPURAM COLONY, PARIGI,PARIGI MANDAL, ANANTAPURAM DISTRICT.
7. SHAFIULLA, S/O ABDUL RASHEED SHA, AGED ABOUT 42YEARS, BESIDE Z.P HIGH SCHOOL, PARIGI,PARIGI
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MANDAL, ANANTAPURAM DISTRICT.
8. BASHEER SHA, S/O ABDUL RASHEED SHA, AGED ABOUT 45YEARS, BESIDE MADINA MASJID, PARIGI,PARIGI MANDAL, ANANTAPURAM DISTRICT.
9. SALEEMSALIM KHAN, S/O ABDUL MAJEED KHAN, AGED ABOUT 35YEARS, SEETARAMPURAM COLONY, PARIGI,PARIGI MANDAL, ANANTAPURAM DISTRICT.
10. SUHAIL, S/O. H.NAZEER AHMED, AGED ABOUT 32YEARS, SEETARAMPURAM COLONY, PARIGI,PARIGI MANDAL, ANANTAPURAM 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 a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 4th respondent in not registering the FIR basing on the complaint dated 06.06.2021 (through registered post dated 08.07.2021) made by the petitioner against the respondents 5 to 10 herein as illegal,arbitrary, and violation of article 14,21 of constitution of India and contrary to the code of criminal procedure and consequently direct the 4th respondent police to register the complaint and pass
Counsel for the Petitioner:
1. P NARASIMHULU Counsel for the Respondent(S):
1. GP FOR HOME
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The Court made the following:
ORDER:
This Writ Petition under Article 226 of the Constitution of India, has been filed, by the Petitioner for the following relief:
“ ... to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 4th respondent in not registering the FIR basing on the complaint dated 06.06.2021 (through registered post dated 08.07.2021) made by the petitioner against the respondents 5 to 10 herein as illegal, arbitrary, and violation of article 14,21 of constitution of India and contrary to the code of criminal procedure and consequently direct the 4th respondent police to register the complaint and pass ...”
Heard learned counsel for the Petitioner and Learned Assistant Government Pleader for Home representing for respondent State. Perused the material on record.
Learned Assistant Government Pleader placed on record, the written instructions and would submit that forest department registered a case against the unofficial respondents for the same reason for which the Petitioner gave complaint to the respondent Police. For that reason, Police did not register any case on the complaint of the Petitioner and requested to dispose of the Writ Petition by passing appropriate orders.
Learned counsel for the Petitioner is in attendance.
In that view, this Writ Petition is disposed of. Petitioner is at liberty to work out the remedy before appropriate forum according to law. No order as to costs. Pending applications, if any, shall stand closed.
DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* Dinesh