Dhula Seetharamayya, v. The State of Andhra Pradesh,
WP/16466/2025 · 2025-07-03
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 23032 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23032 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 HN, J W.P.No.16466_2025
APHC010324952025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 16466/2025 Between:
1. DHULA SEETHARAMAYYA,, S/O (LATE) KRISHNA RAO, AGED ABOUT 69 YEARS, R/O 7-88, CHEBROLU, GOLLAPROLU MANDAL, GOLLAPROLU P.O., KAKINADA DISTRICT. 2. DHULA SATHOSH,, S/O DHULA SEETHARAMAYYA, AGED ABOUT 35 YEARS, R/O 7-88, CHEBROLU, GOLLAPROLU MANDAL, GOLLAPROLU P.O., KAKINADA DISTRICT. ...PETITIONER(S) AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, AMARAVATI, ANDHRA PRADESH. 2. THE SUPERINTENDENT OF POLICE, KAKINADA DISTRICT, ANDHRA PRADESH. 3. THE STATION HOUSE OFFICER, WOMEN POLICE STATION, KAKINADA, KAKINADA DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S): 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 tomay be pleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents, particularly the 3rd respondent, in summoning the petitioners to
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the Women Police Station, Kakinada without any lawful justification and due process as highly illegal, arbitrary, unconstitutional and violative of Articles 14, 21 and 22 of the Constitution of India and consequently direct the respondents not to compel the petitioners to appear at the said police station without following the procedure established by law, and if any crime is registered, to strictly serve notice under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 before taking any coercive steps and to pass IA NO: 1 OF 2025 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 may be pleased direct the respondents not to compel the petitioners to appear at the said police station without following the procedure established by law, and if any crime is registered, to strictly serve notice under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 before taking any coercive steps; pending disposal of the above writ petition and to pass Counsel for the Petitioner(S):
1. PALLA BALU ANIL KUMAR Counsel for the Respondent(S):
1. GP FOR HOME
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The Court made the following Order:
1.
The learned counsel for the petitioners submits that the petitioners are being troubled by the respondent No.3. It is submitted that the 1st petitioner is a senior citizen and the petitioner No.2 is his son. It is further submitted that the petitioners are being troubled by the respondent No.3 by being summoning to the Women Police Station, Kakinada. 2. The learned Assistant Government Pleader submits that the petitioners are arraigned as accused Nos.2 and 3 in a complaint filed against them by the 2nd daughter-in-law of the 1st petitioner. 3. Considering the submissions, the writ petition is closed, leaving it open for the petitioners to redress their grievance before appropriate Court. In the event the petitioners are alleged to have committed an offence under Section 498-A, the police shall complete the investigation by following the procedure as contemplated under Section 35(3) of the BNSS. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date: 04.07.2025 NKA
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278 HONOURABLE SRI JUSTICE HARINATH.N
Writ Petition No.16466 of 2025
Date: 04.07.2025
NKA