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2025 DAILYLAW 25326 (AP)

ULAVAPALLI GANGADHARA REDDY v. THE STATE OF ANDHRA PRADESH

WP/18308/2025 · 2025-07-20

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010357162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18308 OF 2025 Between: Ulavapalli Gangadhara Reddy, S/o. U. Chinna Nallappa Reddy, Aged about 53 years, Occ: Deputy Exe Chemist AP GENCO, R/o. Flat No. 503, Sai Pradata Apartments, RC Nagar, Vijayawada, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Rep., by its Principal Secretary, Home Department, Secretariat Building, Secretariat, Velagapudi, Guntur District. 2. The Superintendent of Police, Office of SP, Vijayanagaram District, Andhra Pradesh. 3. The Deputy Superintendent of Police, Vijayanagaram, Andhra Pradesh. 4. The SHO, II Town Police Station, Vijayanagaram. 5. The Assistant Commissioner of Police, Vijayawada City Police, Andhra Pradesh. ...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 issue a order or direction or writ more particularly one in nature of Mandamus declaring the action of the respondents in calling the petitioner to the Police Station and depriving his right to liberty of life and retaining the petitioner in the Station and Office of District Authorities of Law Enforcement Agency for longer period without any crime being registered against the petitioner or relating to any investigation in respect of any proceedings is illegal, arbitrary, ultra vires, unconstitutional and violative of Article 14 and 21 of the Constitution of India and consequently direct the respondent not to harass or indulge in retaining the petitioner in the Police Station in the absence of any crime and without following the law declared by the Supreme Court in Arnesh Kumar Vs State of Bihar and also in Imran Pratap Gandhi Vs State of Gujarat. 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 to desist from calling the petitioner to the Police Station or Office concerned and not to retain the petitioner in the Station unlawfully in the absence of any crime or investigation initiated in respect of any proceedings and desist from calling and harassing the petitioner pending disposal of the above writ petition. Counsel for the Petitioner: SRI A VENKATA RAMAIAH Counsel for the Respondents: GP FOR HOME The Court made the following order: APHC010357162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 18308/2025 [3396] Between: ULAVAPALLI GANGADHARA REDDY, S/0. U. CHINNA NALLAPPA REDDY, AGED ABOUT 53 YEARS, OCC DEPUTY EXE CHEMIST AP GENCO, R/0. FLAT NO. 503, SAL PRADATA AF^ARTMENTS, RC NAGAR, VIJAYAWADA, ANDHRA PRADESH. ...PETITIONER AMD 1.THE STATE OF ANDHRA PRADESH, REP , BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETy^RIAT BUILDING, SECRETARIAT, VELAGAPUDi, GUNTUR DISTRICT. 2.THE SUPERINTENDENT OF POLICE, OFFICE OF SP, VIJAYANAGARAM DISTRICT, ANDHRA PRADESH. 3.THE DEPUTY SUPERINTENDENT OF POLICE, VIJAYAN/YTARAM ANDHRA PRADESH. 4.THE SHO, !l TOV\'N POLICE STATION, LLJAYAfsIAGARAM. 5.THI- ASSISTANT COMMISSIONER OF POLICE, VIJAYAWADA CITY POLICE, ANDHRA PRADESH. ...RESPO?ifDENT(S): Counsel for the Peftitioner: 1 .A VENKATA RAlViAIAH • Counsel for the Re.spondenlfS);. 1.GP FOR HOME The Court made the follovs/ing: ORDER: This Writ Petition is filed under Article 226 of Constitution o" India y/ith the following prayer for; “.... a Writ of Mandamus declaring the action of the respondents in calling the petitioner to the Police Station and depriving his right to liberty of life and retaining the petitioner In the Station and Office of District Authorities of Law Enforcement Agency for longer period 2 without any crime being registered against the petitioner or relating to any investigation in respect of any proceedings is illegal, arbitrary, ultra vires, unconstitutional and violative of Article 14 and 21 of the Constitution of India and consequently direct the respondent not to harass or indulge in retaining the petitioner in the Police Station in the absence of any crime and without following the law declared by the Supreme Court in Arnesh Kumar Vs State of Bihar and also in Imran Pratap Gandhi Vs State of Gujarat. ” Sri Md.Farooq, learned Assistant'Government Pleader for Home, written instructions, would submit that, the Police are not calling the Petitioner to the Police Station and the petition may be disposed of. For ready reference, the written instructions are extracted hereunder; 2. on 3. “/ submit that, I have not received any complaint regarding the issue mentioned in the writ petition and I never telephoned the petitioner to come to the police station on any issue. Furthermore, I never deprived him of his right to liberty of life. ” Sri A.Venkata Ramaiah, learned counsel for the Petitioner would submit that recording the same the petition may be disposed of. 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 4. 5. closed. Sd/- K. SRSNIVAS^RAJU assistant registrar //TRUE COPY// OFFjcER S To, 1. The Principal Secretary, Home Department, Secretariat Building, Secretariat, Velagapudi. Guntur District. 2. The Superintendent of Police, Andhra Pradesh. 3. The Deputy Superintendent of Police, 4. The SHO, II Town Police Station, Vijayanagaram. 5. The Assistant Commissioner of Police, Pradesh. 6. One CC to Sri A Venkata Ramaiah Advocate 7. Two CCS to GP for Home, High Court of Andhra 8. Two CD Copies Office of SP, Vijayanagaram District, Vijayanagaram, Andhra Pradesh. Vijayawada City Police, Andhra [OPUC] Pradesh [OUT] TF HIGH COURT DATED:21/07/2025 ORDER WP NO. 18308 OF 2025 AND/y^ S ?3 JUI 2I)25 o> ^9 . Current Section ^ ^^^SPATCV^^ DISPOSING OF THE W.P., WITHOUT COSTS