1 HN, J W.P.No.17658_2025 APHC010351882025 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: 17658/2025 Between: 1. MANIGANDLA VENKATA SUBBA RAO, S/O. RAMANAIAH, AGED ABOUT 60 YEARS, R/O. DOOR NO.7-24, AKULA VARI VEEDHI, RENTACHINTALA, GUNTUR DISTRICT. 2. MANIGANDLA RAMADEVI, , W/O. MANIGANDLA VENKATA SUBBARAO, AGED ABOUT 55 YEARS, R/O. DOOR NO.7-24, AKULA VARI VEEDHI, RENTACHINTALA, GUNTUR DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME (POLICE) DEPARTMENT ANDHRA PRADESH SECRETARIAT OFFICE, VELAGAPUDI, AMRAVATI. 2. THE DIRECTOR GENERAL OF POLICE, STATE OF ANDHRA PRADESH, MANGALGIRI, AMARAVATHI. 3. THE SUPERINTENDENT OF POLICE, GUNTUR DISTRICT, GUNTUR. 4. THE CIRCLE INSPECTOR OF POLICE, RENTACHINTALA POLICE STATION, GUNTUR DISTRICT, ANDHRA PRADESH - 534 235. 5. THE STATION HOUSE OFFICER, , RENTACHINTALA POLICE STATION, GUNTUR DISTRICT, GUNTUR. 6. KHADE SRINIVASA RAO, , S/O. VENKATA NARAYANA, AGED ABOUT 50 YEARS, RENTACHINTALA VILLAGE AND MANDAL, 2 HN, J W.P.No.17658_2025 GUNTUR DISTRICT, ANDHRA PRADESH-534237. ...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 of Mandamus or any other appropriate writ, order, or direction declaring the inaction of the 5th Respondent in interfering with the personal liberty of the petitioner by summoning him daily to the police station in the guise of private settlement as illegal, arbitrary, contrary to the guidelines laid down by the Honble Supreme Court and the procedural safeguards mandated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and violative of Article 21 of the Constitution of India and consequently direct the 5 th Respondent not to summon or call the petitioner to the police station in connection with the said complaint unless a complaint/FIR is registered and due process under law is followed, including compliance with Section 35(3) BNSS, 2023 and 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 pleased to issue an order restraining the 5th Respondent from calling or interfering with the liberty of the petitioner, and in the event of any registration of FIR, to strictly adhere to the guidelines and the procedure in BNSS, 2023, pending disposal of the Writ Petition and pass Counsel for the Petitioner(S): 1. PAPUDIPPU SASHIDAR REDDY Counsel for the Respondent(S): 1. GP FOR HOME 3 HN, J W.P.No.17658_2025 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17658/2025 The Court made the following Order: 1. The learned counsel for the petitioners submits that the petitioners are being summoned to the 5th respondent police station at the behest of the 6th respondent and are being pressurizing to settle civil disputes pending between the petitioners and the 6th respondent. 2. It is submitted that O.S.No.98 of 2018 was filed by the 6th respondent, and an appeal suit was filed by the petitioners. 3. The learned Government Pleader, on instructions, submits that a complaint was received on 08.07.2025 from the 6th respondent, and on 11.07.2025, the police registered a Crime No.56 of 2025 for the alleged offences under Sections 296, 351(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, (for short, “BNS”). 4. Considering that the offences alleged against the petitioners are punishable with imprisonment of less than seven years, the investigation in Crime No.56 of 2025 shall be conducted in accordance with the procedure contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, (for short, “BNSS”). It is needless to mention that the 5th respondent shall not interfere in civil disputes pending between the petitioners and the 6th respondent without following due process of law. 4 HN, J W.P.No.17658_2025 5. Accordingly, this writ petition is disposed off. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date: 11.07.2025 NKA 5 HN, J W.P.No.17658_2025 385 HONOURABLE SRI JUSTICE HARINATH.N Writ Petition No.17658 of 2025 Date: 11.07.2025 NKA