Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 21968 (AP)

MANCHIKANTI GARATA REDDY v. THE STATE OF AP

WP/15450/2025 · 2025-07-01

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010310102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) At WEDNESDAY, THE SECOND DAY OF JULY O (\P TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15450 OF 909^ 'Xj] Between: Manchikanti Garata Reddy, S/o. Subba Reddy, Aged about Agriculturist, Prakasam District. 60 years, Occ; Kothapatnam Mandal, R/o. Padamati Bazar, Allur Village, ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary Department, Secretariat Buildings District. 2. The Director General of Police, Andhra Pradesh Mangalagiri, Guntur District, AP. 3. The Superintendent of Police, Prakasam District, Ongole. 4. The Deputy Superintendent of Police, Ongole, Prakasam District. 5. The Station House Officer, Kothapatnam PS, Kothapatnam Prakasam District. 6. The Station House Officer, Ongole Taluka PS, Ongole Prakasam Home Velagapudi, Amaravathi, Guntur Police Head Quarters, District. ...Respondents 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 writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents in sending the Police Constables to the house of the Petitioner and insisting the family members of the Petitioner to disclose the whereabouts of the petitioner without registering the crime and disclosing the particulars of the any crime as illegal, arbitrary and discriminative and violation of the Article 14, 19 & 21 of the Constitution of India and Consequently direct the Respondents not to take any coercive steps against the petitioner in case of registration of crime arising out of said YouTube video. lA NO: 1 OF 2025 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 to Respondents not to take any coercive steps against the petitioner in case of registration of crime arising out of said YouTube video by following the mandate of Hon’ble Supreme Court in Arnesh Kumar case. Counsel for the Petitioner: SRI GAJJALA MALLIKARJUNA REDDY Counsel for the Respondents: GP FOR HOME The Court made the following order: APHC010310102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY,THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15450 OF 2025 Between: 1. MANCHIKANTI GARATA REDDY, S/o. Subba Reddy, Aged about 60 years, Occ Agriculturist, R/o. Padamati Bazar, Allur Village, Kothapatnam Mandal.Prakasam District ...Petitioner AND 1. THE STATE OF AP, Rep by its Principal Secretary, Home Department Secretariat Buildings Velagapudi, Amravathi, Guntur District. 2. The Director General of Police, Andhra Pradesh, Police Head Quarters, Mangalagiri, Guntur District, AP. 3. The Superintendent of Police, Prakasam District, Ongole. 4. The Deputy Superintendent of Police, Ongole, Prakasam District. 5. The Station House Officer, Kothapatnam PS, Kothapatnam Prakasam District. 6. The Station House Officer, Ongole Taluka PS, Ongole Prakasam District. ...Respondent(S): I-'' THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No: 15450 of 2025 ORDER: Learned counsel for the petitioner submits that the petitioner is being unnecessarily harassed by respondent Nos. 5 and 6 in connection with certain vague and baseless allegations which are unrelated to him. It is alleged that the said respondents are repeatedly calling the petitioner to the police station, thereby causing undue interference with his lawful business activities. It is further submitted that a complaint was lodged by one Sai Kalyan on 23.06.2025, and though no FIR has been registered as on date, the police are proceeding with a preliminary enquiry. Having regard to the facts and circumstances of the case, and considering the apprehension expressed by the petitioner, this Court deems it appropriate to dispose of the writ petition by directing the respondent Nos.5 and 6, not to take any coercive action against the petitioner or calling him to the police station, without following due process of law in the event any crime is contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”) insofar as the petitioner is concerned. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- N. NAGAMMA assistant REGISTJIAR //TRUE COPY// SECTON OFFICER To, Department, State of Andhra Pradesh, District. 1. The Principal Secretary, Home Secretariat Buildings Velagapudi, Amaravathi, Guntur v\ \ ' S 2. The Director General of Police, Andhra Pradesh, Police Head Quarters, Mangalagiri, Guntur District, AP. 3. The Superintendent of Police, Prakasam District, Ongole. 4. The Deputy Superintendent of Police, Ongole, Prakasam District. 5. The Station House Officer, Kothapatnam PS, Kothapatnam Prakasam District. 6. The Station House Officer, Ongole Taluka PS, Ongole Prakasam District. 7. One CC to Sri Gajjala Mallikarjuna Reddy, Advocate [OPUC] 8. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 9. Two CD Copies Cnr / HIGH COURT DATED:02/07/2025 ORDER WP NO. 15450 OF 2025 7IJIILM?5 m Co, ^ Current ii«ciion DISPOSING OF THE W.P. WITHOUT COSTS