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2025 DAILYLAW 24826 (AP)

P. Kishore Kumar v. State of Andhra Pradesh

WP/23352/2020 · 2025-08-31

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010351312020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23352/2020 Between: 1. P. KISHORE KUMAR, S/O. YANADAIAH AGED46 YEARS, OCC ADMINISTRATIVE OFFICER, C.K.S TEJA INSTITUTE OF DENTAL SCIENCES AND RESEARCH, CHADALAWADANAGAR, RENIGUNTA ROAD, TIRUPATI, CHITTOOR DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, SECRETARIATE, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. COMMISSIONER OF POLICE, TIRUPATI, CHITTOOR DISTRICT. 3. STATION HOUSE OFFICER, TIRUPATI EAST POLICE STATION, TIRUPATI, CHITTOOR DISTRICT. 4. C K S THEJA CHARITABLE TRUST, REP.BY ITS CHAIRMAN, CHADALAWADA NAGAR, RENIGUNTA ROAD, TIRUPATI, CHITTOOR DISTRICT. 5. MR C SIVA PRASAD REDDY, INSPECTOR OF POLICE, TIRUPATI TOWN EAST POLICE STATION CHITTOOR DISTRICT. ...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 topleased to issue any writ, order or direction more particularly one in 2 the nature of writ of mandamus declaring the action of 3rd respondent in calling the petitioner to his police station without any authority and making him to sit for hours together on a mere allegation that the 4th respondent submitted a complaint and demanding him to come to police station whenever he calls is illegal, arbitrary and without jurisdiction and violation of Article 21 of the Constitution of India and to consequently direct the respondent No.3 not to call and harass the petitioner to the police station and to pass IA NO: 1 OF 2020 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 pleased to direct the respondent No.3 not to harass the petitioner by calling him to the police station pending disposal of writ petition. Counsel for the Petitioner: 1. V V SATISH Counsel for the Respondent(S): 1. GP FOR HOME 3 The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “....to issue any writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of 3rd respondent in calling the petitioner to his police station without any authority and making him to sit for hours together on a mere allegation that the 4th respondent submitted a complaint and demanding him to come to police station whenever he calls is illegal, arbitrary and without jurisdiction and violation of Article 21 of the Constitution of India and to consequently direct the respondent No.3 not to call and harass the petitioner to the police station and to pass...” 2. Heard Sri V.V.Satish, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioner would submit that the police are calling the petitioner to the police station without there being registration of the crime and there is an interim order dated 08.12.2020 not to call the petitioner till the next date of hearing. Learned counsel would finally submit in view of the interim order dated 08.12.2020 this Court may dispose of the writ petition. 4. Learned Assistant Government Pleader would submit that Court may pass appropriate orders. 5. In that view, this writ petition is disposed of. However, the police are directed not to call the petitioner to the police station without there being registration of any crime against him. 4 As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:01.09.2025 MH 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA 238 W.P.No.23352 of 2020 Dt.01.09.2025 MH