Dismissed

P.Sumar Ali Khan S/o Late P.Mahammad Ali Khan v. The State of Andhra Pradesh

Andhra Pradesh HC5 Mar 2024WP/35939/2015

Case brief

AI extract

What is this about?

This order closes Writ Petition 35939 of 2015 complaining of police harassment. Relying on written instructions that a criminal case was registered and the petitioners surrendered and secured bail, the Court held no cause of action survived and disposed of the appeal without costs.

What did the court decide?

The writ petition is closed without costs; miscellaneous applications pending, if any, stand closed.

P.Sumar Ali Khan S/o Late P.Mahammad Ali Khan Vs… — Domestic Violence | Andhra Pradesh HC (2024)

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

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WEDNESDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HON’BLE DR JUSTICE K. MANMADHA RAO

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WRIT PETITION NO: 35939 OF 2015

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Between:

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P.Sumar All Khan, S/o. Late P.Mahammad Ali Khan, Occ; Retired Employee, R/o. D.No.20/227 Akula Street, Kadapa, YSR^District.

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P.Noorjhan, W/o. P.Usman Ali Khan, Occ; House Wife

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P.Mahmuda Begum, D/o. P.Usman Ali Khan, R/o. D.No 20/227 Akula Street, Kadapa, YSR District.

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P Mahamrriad Ali Khan, S/o. P.Usman Ali Khan, Occ; Junior Assistant, R/o. D.No.20/227 Akula Street, Kadapa, YSr District.

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...PETITIONERS

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AND

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The State of Andhra Pradesh, Represented by its Principal Secretary Department of Home, Secretariat Buildings, Hyderabad.

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The Director General of Police, State of A.P., Lakdikapool, Hyderabad.

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The Superintendent of Police, Anantapur District.

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Station House Officer, P.S., Kadiri Town, Anantapur^District.

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Shaik Mohsma W/o. P.Mahmmad Ali Khan, Occ; Housewife,^R/o. D.No.11-315, Valisas Street, Kadiri, Anantapur 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 in the affidavit filed therewith, the High Court may be pleased to issue Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.4 in interfering with the Petitioners' Lives by threatening and harassing them as arbitrary, illegal and unconstitutional and violative of Petitioners fundamental rights guaranteed under Article 21 of the Constitution of India ,.

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and consequently direct the respondents not to subject the petitioners to any harassment or implicating false cases--

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I.A. NO: 1 OF 2015fWPMP. NO: 46213 OF 2015t ^

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased direct the 4'^ respondent not arrest the petitioners and not to interfere with the petitioners' rights in any manner by threatening or interfering or harassing pending disposal of the Writ Petition.

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Counsel for the Petitioners : SRI SHAIK MOHAMMED ISMAIL Counsel for the Respondent Nos.1 to 4 : GP FOR HOME

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Counsel for the Respondent No.5 : NONE APPEARED

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The Court made the following: ORDER

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[3310]

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APHC010005532015

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

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WEDNESDAY ,THE SIXTH DAY OF MARCH 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: 35939/2015

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Between:

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P.sumar Ali Khan S/o Late P.mahammad Ali Khan and Others

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...PETITIONER(S)

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AND

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The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.SHAIK MOHAMMED ISMAIL

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...RESPONDENT(S)

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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 action of^{theRespondent} No.4 in interfering with the petitioner’s life by threatening and harassing them, as illegal and arbitrary.

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Heard Mr.T.Karthik, learned counsel representing Mr.Shaik Mohammed Ismail, learned counsel for the petitioners^and learned Assistant Government 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, Kadiri Town Police Station, dated 12.11.2015^andsubmitted that one Shaik Mohsina/5th respondent lodged a complaint against the petitioners Mohammed Ali Khan, Osman Ali Khan,^P.Noorjahan stating that her marriage performed with the petitioner^MohammedAli Khan/4th petitioner herein and at the time of marriage,^herparents gave 4 tulas gold ornaments and cash of Rs.50,000/-^{towardsdowry.} Basing on her complaint, the respondent police called^{thepetitioner} for preliminary enquiry. But he did not respond, again^{sheapproached} the police station for registering the case. Basing^{onhercomplaint,a} case in Cr.No.255 of 2015 was registered under Section 498(a) read with 34 IPC and Sections 3 and 4 of Dowry Prohibition^ActofKadiri Town Police Station and took up investigation. During^thecourse of investigation, 6 witnesses were examined and recorded their statements of 161(3) Cr.P.C. The Kadiri police staff were issuing 41-A notice to the accused, but without co-operating with the investigation. the petitioner filed this writ petition with false^allegations.

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In view of the submissions made by petitioner’s counsel and learned Assistant Government Pleader for Home and upon perusing the written instructions issued by respondent police, this Court is of the view that, nothing survives for the cause of action^of the petitioner for considering at this sta^.'^Already, the crimes^were registered

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against the petitioner and thereafter he surrendered before the concerned Court and obtained bails also.

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By recording the same, nothing survives in the present writ petition for any further adjudication and hence, this writ petition is closed.

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There shall be no order as to costs.

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As a sequel, miscellaneous applications pending, if any, shall

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stand closed.

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Sd/- M.RAMESH BABU //TRUE COPY// DEPUTY REGISTRAR

SE N OFFICER

To,

1. One CC to Sri Shaik Mohammed Ismail, Advocate [OPUC]

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Jvjo CCs to GP for Home, High Court of Andhra Pradesh. [OUT]

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Three C.D. Copies.

Cnr

HIGH COURT

DATED:06/03/2024

ORDER

WP.No.35939 of 2015

CLOSING THE W.P. WITHOUT COSTS

P.Sumar Ali Khan S/o Late P.Mahammad Ali Khan v. The State of Andhra Pradesh

Case brief

What is this about?

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P.Sumar Ali Khan S/o Late P.Mahammad Ali Khan v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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