M.Sandeep Prasanna Kumar, v. The State of Andhra Pradesh,
WP/23848/2020 · 2025-08-31
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25428 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25428 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010358762020
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: 23848/2020 Between:
1. M.SANDEEP PRASANNA KUMAR,, STE MATTE UDAYA BHASKAR, AGED ABOUT 34 YRS, OCC ADVOCATE, R/O.D.NO. 12-5-45/2, SIKHARAM VAN STREET, BAPATLA, GUNTUR DISTRICT, ANDHRA PRADESH.
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, A.P.
2. THE SUPERINTENDENT OF POLICE, GUNTUR DISTRICT, ANDHRA PRADESH.
3. THE STATION HOUSE OFFICER, LALAPETA P.S., GUNTUR, GUNTUR DISTRICT, A.P.
4. THE STATION HOUSE OFFICER, BAPATLA TOWN POLICE STATION, GUNTUR 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 a writ of Mandamus or any other appropriate writ,
order or direction declaring the action of the respondents, especially 3rd and 4th respondents, in interfering with the personal liberty of the petitioner by sending his subordinates to the residence of the petitioner and summoning
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him to the Police Station without there being any cause or reason, under the guise of investigation in connection with some criminal case of the 3 rd and 4th respondent P.S., though the petitioner is not connected with any criminal case in any manner whatsoever, as illegal, arbitrary and unjust, violative of principles of natural justice, violative of Fundamental Rights guaranteed under Articles 14, 19 and 21 of the Constitution of India and consequently, direct the respondents not to summon the petitioner to the 3rd and 4th respondents police station without following the procedure contemplated under law 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 respondents not to interfere with the personal liberty of the petitioner by summoning him to the police station without there being any complaint against him, and to pass Counsel for the Petitioner:
1. SOMISETTY GANESH BABU Counsel for the Respondent(S):
1. GP FOR HOME
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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 a writ of Mandamus or any other appropriate writ, order or direction declaring the action of the respondents, especially 3rd and 4th respondents, in interfering with the personal liberty of the petitioner by sending his subordinates to the residence of the petitioner and summoning him to the Police Station without there being any cause or reason, under the guise of investigation in connection with some criminal case of the 3 rd and 4th respondent P.S., though the petitioner is not connected with any criminal case in any manner whatsoever, as illegal, arbitrary and unjust, violative of principles of natural justice, violative of Fundamental Rights guaranteed under Articles 14, 19 and 21 of the Constitution of India and consequently, direct the respondents not to summon the petitioner to the 3rd and 4th respondents police station without following the procedure contemplated under law and to pass...”
2. Heard Sri S.Ganesh Babu, 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 interfering with the personal liberty of the petitioner and sending the police to the residence of the petitioner and summoning him to the police station.
4. Learned Assistant Government Pleader would submit that in view of the interim order dated 15.12.2020, the police are not summoning the petitioner to the police station.
5. In that view, this writ petition is disposed of. However, the police are
directed not to call the petitioner to the police station. There shall be no order as to costs.
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As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:01.09.2025 MH
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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
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W.P.No.23848 of 2020
Dt.01.09.2025
MH