WA/295/2026 of Smt. Sufia Sulthano Bano Mohammed, Vs Razikh Shaik Mahammad aliasShaik Mohammad Razikh, on 14 June 2026

APHC010611442025

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

WRIT APPEAL NO: 295 of 2026 Bench Sr.No:-8

Smt. Sufia Sulthano Bano Mohammed ...Appellant Vs. Razikh Shaik Mahammad @ Shaik Mohammad Razikh and others

...Respondents ********** Advocate for Appellant : Sri P. Govinda Rajulu Advocate for Respondents : Sri S. M. Subhani representing Sri Suryam Gannavarapu (R-1 to R-3), Sri T. Niranjan, learned Deputy Solicitor General of India (R-4), Learned Government Pleader for Home (R-5 to R-9).

CORAM : THE CHIEF JUSTICE LISA GILL SRI JUSTICE NINALA JAYASURYA DATE : 15th June 2026 LISA GILL, CJ.

This Writ Appeal is filed for setting aside order dated 10.04.2025 passed by learned Single Judge in Writ Petition No.4214 of 2025 filed by respondent Nos.1 to 3 in present appeal.

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2. Respondent Nos.1 to 3 i.e., petitioners in writ petition sought setting aside of Look Out Circular (L.O.C.) notices issued in pursuance of Crime No.37 of 2022 dated 19.05.2022 registered at Women Police Station, Machilipatnam, Krishna District, for offences punishable under Sections 498-A and 506 I.P.C. read with Sections 3 and 4 of Dowry Prohibition Act, 1961 wherein said petitioners were arrayed as A-1, A-3 and A-4 and their General Power of Attorney holder arrayed as A-2 as well.

3. Learned Single Judge, on considering facts and circumstances, allowed said writ petition. Look Out Circulars, in question, were quashed with a direction to petitioners 1 and 2 to co-operate with prosecution for expeditious disposal of criminal case. Aggrieved thereby, present appellant, who is estranged wife of respondent No.1, has approached this Court by way of present appeal.

4. Delay of 153 days in filing appeal was condoned by co-ordinate Bench on 17.03.2026 and matter adjourned for today to enable learned counsel for appellant to examine issue of maintainability of present appeal itself in view of judgment of Hon’ble Supreme Court in case of Ram Kishan Fauji v. State of Haryana and others [2017 (5) SCC 533].

5. Learned counsel for appellant vehemently argues that said judgment is not applicable to facts and circumstances of present case, where challenge is

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to Look Out Circulars. Moreover, it is submitted that learned Single Judge has passed impugned order dated 10.04.2025 without even issuing notice to present appellant who was otherwise arrayed as a respondent, by noting that counsel for petitioners does not press the writ petition against respondent No.7. Such a stand was deliberately adopted by petitioners and should not have been accepted by learned Single Bench as appellant is directly affected.

6. Learned counsel for respondents has opposed this appeal on merits and maintainability.

7. We have heard learned counsel for parties and have perused the file. It is an undeniable fact that nature of lis in question relates to purely criminal jurisdiction exercised by Court. Therefore, in view of judgment of Hon’ble Supreme Court in Ram Kishan Fauji’s case (cited supra), present writ appeal is not maintainable. We deliberately desist from expressing any opinion on merits of matter lest there be any prejudice to any of the parties.

8. At this stage, learned counsel for appellant seeks an adjournment of this matter on the ground that some efforts are being made for conciliation in pending Criminal Petition No.995 of 2023.

9. Be that as it may, in our considered opinion, no benefit can be derived by pendency of the present appeal, which is not maintainable. This appeal is, accordingly, disposed of as not maintainable with liberty to appellant to avail

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remedy/remedies as may be available to her in accordance with law. Parties are always at liberty to examine question of compromise and conciliation in order to resolve their dispute. No order as to costs.

Miscellaneous Applications pending, if any, shall stand closed.

LISA GILL, CJ

NINALA JAYASURYA, J

AMD

W.A.No.295 of 2026

HON’BLE MRS. JUSTICE LISA GILL, CHIEF JUSTICE & HON’BLE MR. JUSTICE NINALA JAYASURYA

W.A.No.295 of 2026

Dt:15.06.2026

AMD