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2025 DAILYLAW 24947 (AP)

SRI BAIRABOYINA ASHOK v. The State of Andhra Pradesh,

WP/17809/2025 · 2025-07-16

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010352532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 17809 OF 2025 Between: Sri Bairaboyina Ashok, S/o Bala Thirumalaiah, Aged about 30 years, Occ. Auto Driver, R/o Nallaguntia, Prakasam District, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The Superintendent of Police, Prakasam District. 3. The Deputy Superintendent of Police, Markapuram, Prakasam District. 4. The Circle Inspector of Police, Markapuram, Prakasam District. 5. The Sub Inspector of Police, Dornala Police Station, 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 of MANDAMUS, declaring the action of Respondent Nos. 4 and 5 calling them to the, police station and interfering in my peaceful life as illegal, arbitrary, without any authority of law and jurisdiction violative of Article 21 of Constitution of India and consequently direct the Respondent No.4 and 5 not to summon him to the Police Station or not to interfere with his personal liberty and f 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 respondent Nos.4 & 5 not to harass him by calling him to their Police Stations Counsel for the Petitioner: SRI VENKAT CHALASANI Counsel for the Respondents No.1 to 5: GP FOR HOME The Court made the following order: 'I APHC010352532q25 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 17809/2025 Between: SRI BAIRABOYINA ASHOK, S/0 BALA THIRUMALAIAH, AGED ABOUT 30 YEARS, OCC.AUTO DRIVER, R/0 NALLAGUMTIA, PRAKASAM DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2.THE SUPERINTENDENT OF POLICE, PRAKASAM DISTRICT. 3.THE DEPUTY SUPERINTENDENT OF POLICE, MARKAPURAM, PRAKASAM DISTRICT. 4.THE CIRCLE INSPECTOR OF POLICE, MARKAPURAM, PRAiV^wSAM DISTRICT. 5.THE SUBINSPECTOR OF POLICE, DORNALA POLICE vSTATION, PRAKASAM DISTRICT. ...RESPONDENT(S): Couneel for the Petitioner: 1.VENKAT CHALASANI Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... a Writ of Mandamus declaring the action of Respondent Nos. 4 and 5 calling us to the police station and Interfering in my peaceful life as illegal, arbitrary, without any authority of law and jurisdiction and violative of Article 21 of Constitution of India and consequently direct the Respondent No. 4 and 5 not to summon me to the Police Station or not to interfere with my personal liberty. ” 2 2. Sri Md.Farooq, learned Assistant Government written instructions, would submit that, based B.Vijayaiakshmi, a relation to the investigation the Police. Pleader for Home, on on the complaint lodged by case has been -registered against the Petitioner one and in in the said case, the Petitioner is being called by 3. Sri Venkata Chalasani, learned counsel for the Petitioner recording the same, the petition may be disposed of. For ready reference, the written instructions h f IS submitted that, B.Vijayaiakshmi lodged a complaint District on 05.07.2025^ Basing on the contents of the complaint a case «OBSo™,fpf the course of investigation the 10 examined the LW- 7 to 12 and recorded their detailed statements U/s 180(3) BNSS Basing on the statements of the LW-7 to 12 the 10 added the petitioner as accused (A-6) and filed the memo before the Hon'ble Court. would submit. 4. are extracted hereunder: 3. It is further submitted that, the petitioner is accused in the above crime. So that the Respondent police called the petitioner for investigation. It is further submitted the petitioner intentionally without cooperating the investigation agency filed the present writ petition with a false and baseless allegation against the respondent police. The petitioner's father also accused (A-2) this crime. Further the Respondent police did not petitioner's father. ” Considering the submissions made, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand m arrest the 5. closed. Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, State of Andhra Pradesh, Home Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The Superintendent of Police, Prakasam District. 3. The Deputy Superintendent of Police, Markapuram, Prakasam District. 4. The Circle Inspector of Police, Markapuram, Prakasam District. 5. The Sub Inspector of Police, Dornala Police Station, Prakasam District. 6. One CC to SRI VENKAT CHALASANI Advocate [OPUC] 7. Two CCs to GP FOR HOME High Court of Andhra Pradesh [OUT] 8. Two CD Copies gsg HIGH COURT DATED: 17/07/2025 ORDER WP NO. 17809 OF 2025 g( 17 SEP 2025 jS) rrtntSectioo.^^ DISPOSING THE WP WITHOUT COSTS