Disposed

Mulla Abdul Rab v. State of Andhra Pradesh

Andhra Pradesh HC24 Apr 2024WP/29766/2016

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging police inaction in an investigation. Finding the investigation was in progress but delayed, the Court directed the police to file the Final Report or Charge Sheet within four months.

What did the court decide?

Direction to police to file the Final Report/Charge Sheet within four months from the date of receipt of the order.

Mulla Abdul Rab Vs State of Andhra Pradesh — Criminal Trial and Appeal | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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THURSDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE DR JUSTICE K MANMADHA RAO

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WRIT PETITION NO: 29766 OF 2016

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Between:

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Mulla Abdul Rab, s/o M.Abdul Jabbar, Aged about 46 years, Occ; Advocate, Resident of H.No. 19/173, Gandhi Nagar Velgode village and mandal, Kurnool district

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...PETITIONER

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AND

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The Principal Secretary, State of Andhra Pradesh, Home Department, Secretariat. Velagapudi, Amaravati, Guntur District.

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The Superintendent of Police, Kurnool district Kurnool

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The Circle Inspector of Police, Atmakur, Kurnool district

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The Station House Officer, Velgode police station Velugode, Kurnool district

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Mulla Abdul Razack, s/o Late M.Abdul Khadar Aged about 62 years. President of the Managing committee of Mulla Masjid of Velgode village, resident of Velgode village and mandal Kurnool^district

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Mulla Mohamamd Usman, s/o Md. Hussain Aged about 54 years President of the Managing committee of Mulla Masjid of Velgode village, resident of Velgode village and mandal, Kurnool district

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated i in the affidavit filed therewith, the High Court may be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the 4*^" respondent in not conducting investigation in crime No. 7/2015 dated 23. 1.2015 on the file of Velgode police station, Kurnool district illegal, arbitrary and consequently direct t e 4 respondent to conduct investigation in Cr.No. 7/2015 and pass such other or further orders as the Hon-ble Court feels deem fit and proper in the facts and circumstances of the case.,

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LA. NO: 1 OF 2016fWPMP Nn-

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OF2016f

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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 4th respondent to conduct investigation in crime No. 7/2015 dated 23.1.2015 on the file of Velgode police station Kurnool district forthwith pending disposal of the writ petition.

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Counsel for the Petitioner{s):SRI. G SRAVAN KUMAR ^

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Counsel for the Respondents: GP FOR HOME (AP)

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The Court made the following:

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APHC010106772016

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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[3310]

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THURSDAY ,THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE DR JUSTICE K MANMADHA RAO

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WRIT PETITION NO: 29766/2016

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Between:

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Mulla Abdul Rab ...PETITIONER

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AND

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State Of Andhra Pradesh and Others

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...RESPONDENT(S)

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Counsel for the Petitioner:

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1.G SRAVAN KUMAR

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Counsel for the Respondent(S):

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1.GP FOR HOME (AP)

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The Court made the following Order:

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This writ petition is filed declaring the inaction of the 4‘^ respondent in not conducting investigation in Crime No.7 of 2015,^{dated23.01.2015onthe} file of Velgode Police Station, Kurnool district, as illegal and arbitrary.

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Heard Ms.M.Vinodin Ruth, learned counsel representing^Mr.G.Sravan Kumar, learned counsel for the petitioner and learned^{AssistantGovernment} Pleader for Home appearing for the official respondents.

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On hearing, learned Assistant Government Pleader for Home furnished a copy of Written Instructions issued by Sub-Inspector of Police, Velgode Police, dated 26.09.2016 and submits that the investigation is in progress and the respondents police are going to file Final Report.

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Learned counsel for the petitioner also not in a position to update the status of the case. However, learned Assistant Government Pleader for Home also failed to provide latest instructions to this Court with regard to whether the final report is filed or not.

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In view of the submissions made by petitioner’s counsel and learned Assistant Government Pleader for Home and during the long pendency of the case, this Court is inclined to dispose the writ petition and the respondentspolice are directed to file the Final Report/Charge Sheet, if not filed till date, within a period of four (04) months from the date of receipt of a copy of this Order.

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With the above direction, the writ petition is disposed^of.

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There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed.

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SD/- A/l. RAMESH.-ABU //TRUE COPY// DEPUTY REGISTRAR SECTION OFFICER

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To,

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State of Andhra Pradesh, Home Department, Secretariat Hyderabad Rep. by its Principal Secretary

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The Superintendent of Police, Kurnool district Kurnool

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The Circle Inspector of Police, Atmakur, Kurnool district,

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The Station House Officer, Velgode police station Velugode, Kurnool district

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Mulla Abdul Razack, s/o Late M.Abdul Khadar Aged about 62 years President of the Managing committee of Mulla Masjid of Velgode village, resident of Velgode village and mandal Kurnool^district

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Mulla Mohamamd Usman, s/o Md. Hussain Aged about 54 years. President of the Managing committee of Mulla Masjid of Velgode village, resident of Velgode village and mandal, Kurnool^district

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One CC to SRI. G SRAVAN KUMAR Advocate [OPUC]

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Two CCs to GP FOR HOME (AP), High Court Of Andhra Pradesh. [OUT]

Three CD Copies

SVP

HIGH COURT

DATED :25/04/2024

ORDER

WP.No.29766 of 2016

DISPOSING OF THE W.P. WITHOUT COSTS

Mulla Abdul Rab v. State of Andhra Pradesh

Case brief

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Mulla Abdul Rab v. State of Andhra Pradesh

Case brief

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