WA/1249/2025 of SHAIK KHADIR RAHAMAN @ MUTHI KHALEEL - UR - RAHAMAN Vs THE STATE OF AP on 6 July 2026

APHC010627002025

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

WRIT APPEAL NO: 1249 of 2025

Bench Sr.No:-23

Shaik Khadir Rahaman @ Muthi Khaleel - Ur - Rahaman ...Appellant Vs. The State Of AP and Others ...Respondent(s) ********** Advocate for Appellant: Mr. Kaleemulla S Advocate for Respondent: GP for Home

CORAM : THE CHIEF JUSTICE LISA GILL SRI JUSTICE CHALLA GUNARANJAN DATE : 7th July 2026 LISA GILL, CJ: This Writ Appeal has been filed challenging order, dated 20.08.2025, passed by learned single Bench, whereby writ petition filed by present appellant/writ petitioner was disposed of with a direction that prosecution may file an appropriate application before trial Court to bring relevant facts to its notice and learned trial Judge may take appropriate decision on the matter.

2. Appellant/writ petitioner had filed writ petition No.39581 of 2022 with following prayer: “...Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court

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wa_1249_2025 may be pleased to issue an order or a direction or a writ, more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondent Nos. 1 to 3 in not ordering for initiating further investigation in Crime No. 97 of 2013 of Mydukur (U/G) P.S (P.R.C. No. 34 of 2017 on the file of the learned Judicial Magistrate of First Class court, Mydukur and S.C. No. 380 of 2018 on the file of the learned Assistant Sessions Judge's Court, Proddatur) and in not filing further charge sheet in the said crime as illegal, arbitrary, and against the law, and to direct the Respondent Nos. 1 to 3 to for conducting further investigation and to file further charge sheet in the said crime, apart from directing the Respondent Nos. 1 to 3 to register a criminal case against the Respondent Nos. 5 to 7 for commission of the illegal acts, and to pass such..”

3. Upon considering facts and circumstances, this writ petition was disposed of with following direction: “6. In the light of the above discussion, this writ petition is disposed of. The prosecution may move an appropriate application before the trial Court to bring the relevant facts to the notice of the Trial Court. Upon filing such application, the learned trial Judge may take appropriate decision in the matter, considering that the petitioner was initially admitted to RIMS, Kadapa, was discharged on the same date, and then referred to SVIMS, Tirupati, from where he was again sent back to RIMS, Kadapa. The petitioner underwent surgery and received treatment as in-patient at RIMS, Kadapa from 05.03.2013 to 01.04.2013, since they are relevant to the present case. There shall be no order as to costs.”

4. Present writ appeal has been filed by appellant aggrieved inasmuch as learned single Bench did not direct respondent Nos.1 to 6 to register criminal case against respondent Nos.5 to 7 i.e., Police Officers and Doctor concerned and initiation of departmental enquiry against them.

5. We have heard learned counsel and have perused the file.

6. It is undeniable that matter in question involves a controversy having a distinct criminal flavour. In view of judgment of Hon’ble the Supreme Court in

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wa_1249_2025 Ram Kishan Fauji v. State of Haryana and others, (2017) 5 SCC 533, this writ appeal is not maintainable. Thus, without going into merits of averments, this writ appeal is dismissed as not maintainable. Appellant is at liberty to avail remedy as may be available to him in accordance with law. No costs.

Pending miscellaneous applications, if any, shall stand closed.

LISA GILL, CJ

CHALLA GUNARANJAN, J

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Whether the order is Speaking/Reasoned : Yes / No Whether the order is Reportable

: Yes / No

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wa_1249_2025 HON’BLE MRS.JUSTICE LISA GILL, CHIEF JUSTICE & HON’BLE MR. JUSTICECHALLA GUNARANJAN

Writ Appeal No:1249 of 2025 DATE : 07.07.2026

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