s I * APHC010351512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17650 OF 2025 Between: Muppa Anitha @ Marneni Anitha, W/o. Muppa Suresh, Aged about 39 years. Occ House wife, R/o. Meenakshi Trident Towers A Block, 903, Gachibowli, Hyderabad, Telangana State ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Home Department, Secretariat, Velagapudi, Guntur District, AP 2. The Sub Divisional Police Officer, Ongole Town, Ongole, Prakasam District, AP 3. The Station House Officer, Ongole Taluka Police Station Ongole, Prakasam 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 a writ, order or direction more particularly one in the nature of a writ of mandamus declaring the action of the 2nd respondents in issuing notice dated 05-07-2025, calling upon the petitioner to appear before the 2nd respondent as highly illegal, arbitrary and violation of article 21 of the Constitution of India and consequently set aside the notice dated 05-07-2025 in the interest of justice. lA 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 to direct the respondents not to take any coercive steps against the petitioner pursuant to notice dated:05-07-2025 issued by the 2nd respondents pending disposal of the main writ petitioner. Counsel for the Petitioner: SRI KOMARA PRUDHVI RAJ Counsel for the Respondents: GP FOR HOME The Court made the following order: 1 HNJ W.P.No.l7650_2025 APHC010351512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17650/2025 Between; 1.MUPPA ANITHA @ MARNENI ANITHA, W/0. MUPPA SURESH, AGED ABOUT 39 YEARS, MEENAKSHITRIDENT TOWERS HYDERABAD, TELANGANA STATE OCC- HOUSE WIFE,R/0. A BLOCK, 903, GACHIBOWLI, ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI GUNTUR DISTRICT, AP 2.THE SUB DIVISIONAL POLICE OFFICER, ONGOLE, PRAKASAM DISTRICT, AP 3.THE STATION HOUSE OFFICER, ONGOLE TALUKA STATION ONGOLE, PRAKASAM DISTRICT. ONGOLE TOWN, POLICE ...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 a writ, order or direction more particularly one in the nature of a writ of mandamus declaring the action of the 2nd respondents issuing notice dated 05-07-2025, calling upon the petitioner to appear before the 2nd respondent as highly illegal, arbitrary and violation of article 21 in F 2 HN, ^ W.P.No.l7650_2025'^ of the Constitution of India and consequently set aside the notice dated 05- 07-2025 in the interest of justice and pas lA 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 to direct the respondents not to take any coercive steps against the petitioner pursuant to notice dated;05-07-2025 issued by the 2nd respondents pending disposal of the main writ petitioner in the and pass Counsel for the Petitioner: 1.KOMARA PRUDHVI RAJ Counsel for the Respondent(S): 1.GP FOR HOME I 3 HN, J W.P.No.17650 2025 • if^ The Court made the following Order: The learned counsel for the petitioner submits that the petitioner has 1. been issued a notice under Section 35(3) of the BNSS in respect of Crime No.249 of 2025, registered for the offences under Sections 61(2), 331(5), 103(2), 351(2), 58, 49 read with Section 3(5) of the BNS, on the file of Ongole Taluk Police Station. The learned counsel for the petitioner further submits that the 2. petitioner’s husband is arraigned as Accused No.7 in the said crime and that he has been absconding. The 2^"^ respondent issued a notice calling upon the petitioner to appear on 10.07.2025. It is submitted that the petitioner addressed a letter requesting ten more days to appear. The learned Government Pleader, on the other hand, submits that the 3. co-accused who have been arrested have disclosed to the Investigating Officer that they went to Hyderabad to meet Accused No.7 at his house, and that during their stay in Hyderabad, the petitioner was also at home. It is also informed by the learned Government Pleader that when the alleged co-accused gathered at the house of Accused No.7, the petitioner was also present at home. Considering the submissions of the learned counsel for the petitioner 4. and the learned Government Pleader, and also considering that the petitioner is the wife of Accused No.7 and would naturally reside with him at his house, and further considering that the petitioner is not an 4 HNj W.P.No.17650_202s^ •' accused in the case and is only summoned under Section 35(3) of the Therefore, there shall be a direction to the 2^^ and 3*^^ respondents to complete the investigation without taking any steps against the petitioner. This, however, would not preclude the Investigating Officer from filing a charge sheet/final report. 5. Accordingly, this writ petition is disposed off. There shall be no order as to costs. BNSS. coercive As a sequel, pending miscellaneous petitions, if any, shaH stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// r ^ SECTION OFFICER To, 1. The Principal Secretary Home Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District, AP 2. The Sub Divisional Police Officer, Ongole Town, Ongole, Prakasam District, AP 3. The Station House Officer, Ongole Taluka Police Station Prakasam District. 4. One CC to Sri. Komara Prudhvi Raj Advocate [OPUC] 5. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 6. Three CD Copies GSC Ongole « 1 HIGH COURT DATED:11/07/2025 ORDER WP NO. 17650 OF 2025 ^ -fc H JH 2025 ™ x- o ^ . Current oecuon DISPOSING THE WP WITHOUT COSTS