IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV^% (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 8506 OF 2025 a.' -i h ■V o c I Between: 1. Gajula Ramesh, S/o G. Pampanna, R/o- H.No.60-3-28, Plot No.204, Vaishnavi Elite Main Road Behind amma Kalyanamandapam, Sunnapubattila Center, Vijayawada (urban), Vj Polytechnic, Vijayawada (urban), Krishna District Andhra Pradesh-520008 2. Kella Sridevi, W/o G. Ramesh, R/o- H.No.60-3-28, Plot No.204 Vaishnavi Elite Main Road Behind amma Kalyanamandapam, Sunnapubattila Center, Vijayawada (urban), Vj Polytechnic, Vijayawada (urban), Krishna District, Andhra Pradesh-520008 3. Visweswara Rao, S/o Pulipati Chandra Sekhara, R/o-Flat No.203, Silver Springs Apartment, Jayaprakash Nagar, 3rd Road, LIC Colony, Vijayawada (urban), Krishna, Andhra Pradesh-520008 4. S. Kiran Kumar, C/o- Siripurapu Apparao, R/o- Flat No. Kailash 1306, LEPL Mid Valley Apartments, Mangalagiri, Atmakur (Rural), Guntur, Andhra Pradesh-522503 5. K.Suresh, S/o Nageswara Rao, R/o- H.No. 2-350, Near Ramalayam Janardhanavaram, Krishna District, Andhra Pradesh-521214 ...PETITIONER’S AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Department of Home, A.P.State Secretariat, Velagapudi, Guntur District. 2. The Director General of Police, A.P.Police Head Quarters, Mangalgiri, Guntur District, Andhra Pradesh 4 3. The Commissioner of Police, NTR Commissionerate, Vijayawada City. Andhra Pradesh. 4. The Station House Officer-cum-Circle Inspector, Patamata Police Station, NTR Commissionerate, Vijayawada City, Andhra Pradesh 5. The Investigating officer- cum-Sub-lnspector, Patamata Police Station, NTR Commissionerate, Vijayawada City, Andhra Pradesh ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus, directing the Respondents more particularly Respondent No.4 to Respondent No.5 to strictly comply with the guidelines laid down by the Hon'ble Supreme Court of India in the case of Arnesh Kumar V State Of Bihar (2014) 8 SCC 273 and issue a Section 35(3) BNSS notice to the petitioner who is arraigned as Accused No.1 to Accused No.5 in a Crime in FIR No. 152 Of 2025 dated 24.03.2025 on the file of Patamata Police Station of NTR Commissionerate District. Counsel for the Petitioner :SRI. Counsel for the Petitioner :SRI. UMESH CHANDRA P V G Counsel for the Respondent No’s. 1 to 5: GP FOR HOME The Court made the following ORDER: APHC010164752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 85nfi/?n7fi [3457] Between: Gajula Ramesh and Others ...PETITIONER(S) ...RESPONDENT(S) AND The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1. UMESH CHANDRA P V G Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following Order: 1. Heard the learned counsel for the petitioners. 2. The learned counsel for the petitioners submits that the petitioners are arraigned as accused in Crime No. 152 of 2025 of Patama Police Station, NTR Commissionerate District, registered for the alleged offence under Section ; 316(1), 318(1), 351(1), 336(1), 356(1), 228, 61(2) Bharatiya Nyaya Sanhita read with 175(3) of Bharatiya Nagarik Suraksha Sanhita. 3. The learned counsel for the petitioners submits that the petitioners were falsely implicated in the case, and there is no specific allegations against petitioners. The learned counsel further submits that the offences ^eged against the petitioners are punishable below 7 years and therefore, seeks a direction to the police to follow the procedure provided under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 4. Considering the submissions of the learned counsel for the petitioners, the Investigating Officer/Station House Officer, Patama Police Station, NTR Commissionerate District, is directed to follow the procedure contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, for the as purpose of investigation in connection with Crime No. 152 of 2025 in SO far as the petitioners concerned. 5. Accordingly, the writ petition is disposed off. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// To, SECTION OFFICER 1. The Principal Secretary, Department of Home, State of Andhra Pradesh, A.P.State Secretariat, Velagapudi, Guntur District. 2. The Director General of Police, A.P.Police Head Quarters, Mangalgiri, Guntur District, Andhra Pradesh 3. The Commissioner of Police, Andhra Pradesh. NTR Commissionerate, Vijayawada City. 4. The Station House Officer-cum-Circle Inspector, Patamata Police Station, NTR Commissionerate, Vijayawada City, Andhra Pradesh 5. The Investigating officer- cum-Sub-lnspector, Patamata Police Station, NTR Commissionerate, Vijayawada City, Andhra Pradesh. 6. One CC to SRI. UMESH CHANDRA P V G, Advocate [OPUC] 7. Two CCs to GP FOR HOME, High Court Of Andhra Pradesh. [OUT] 8. Three CD Copies PRK HIGH COURT DATED:02/04/2025 ORDER f 0UPR 2025 „ ^ . Current Section WP.No.8506 of 2025 ov m DISPOSING OF THE W.P. WITHOUT COSTS