Sheik Noor Basha Vs The State of Andhra Pradesh

SHEIK NOOR BASHA, S/O SHAIK MAHABOOB BASHA, AGED ABOUT 35 YEARS, R/O 16/455, NADIMPALLI STREET, PRODDATUR, YSR KADAPA DISTRICT, ANDHRA PRADESH - 516360.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI.-522238

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THE SUPERINTENDENT OF POLICE, YSR KADAPA DISTRICT, ANDHRA PRADESH.-516001

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THE DEPUTY SUPERINTENDENT OF POLICE, PRODDATUR DIVISION, YSR KADAPA DISTRICT.-516360

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THE STATION HOUSE OFFICER /INSPECTOR OF POLICE, III TOWN POLICE STATION, PRODDATUR, YSR KADAPA DISTRICT.-516361

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THE SUBINSPECTOR OF POLICE, III TOWN POLICE STATION, PRODDATUR, YSR KADAPA DISTRICT.-516360

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2

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SHAIK JASMINE, W/O SHAIK NOOR BASHA AGED ABOUT 24 YEARS R/O 4/896, GEETHASHRAMAM STREET, PRODDATUR YSR KADAPA DISTRICT- 516360.

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...RESPONDENT(S):

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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 an appropriate order, writ or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of Respondent Nos.4 and 5 in repeatedly calling, summoning and compelling the petitioner to attend the police station in connection with matrimonial disputes between the petitioner and Respondent No.6, without following due process of law, as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondent police not to call, summon or compel the petitioner to attend the police station except in accordance with law and by following the procedure prescribed under law and pass such

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IA NO: 1 OF 2026

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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 Respondent No.4 and 5 and their sub-ordinates not to insist on the physical attendance of the Petitioner at III Town Police Station, Proddutur, YSR Kadapa district pending disposal of the Writ Petition and pass such

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Counsel for the Petitioner:

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1.ABDUL MATHEEN S

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Counsel for the Respondent(S):

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1.GP FOR HOME

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The Court made the following:

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THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 17383 of 2026

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ORDER:-

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The instant writ petition has been filed by the petitioner under Article

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226 of Constitution of India seeking the following main prayer:

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“….to issue an appropriate order, writ or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of Respondent Nos.4 and 5 in repeatedly calling, summoning and compelling the petitioner to attend the police station in connection with matrimonial disputes between the petitioner and Respondent No.6, without following due process of law, as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondent police not to call, summon or compel the petitioner to attend the police station except in accordance with law and by following the procedure prescribed under law and pass such….”

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When the matter is taken up for hearing, learned Assistant Government Pleader for Home submits that FIR has been registered against the very same petitioner in Crime No.74 of 2026 of Proddatur III Town Police Station, Y.S.R. Kadapa District for the offences punishable under Section 85 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

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Taking into consideration of the above facts and circumstances of the case, Sri S. Abdul Matheen, learned counsel for the petitioner seeks permission to withdraw the writ petition with a liberty to work out the legal remedies of the petitioner, including challenging the said FIR before the appropriate forum, in accordance with law.

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Accordingly, in view of the submission made by the learned counsel for

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the petitioner, the Writ Petition is dismissed as withdrawn leaving it open to the petitioner to work out his legal remedies, in accordance with law. There shall be no order as to costs.

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As a sequel, all pending applications shall stand closed.

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____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM

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Date: 03.07.2026 RMR

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Whether the order is :

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