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2025 DAILYLAW 25908 (AP)

PATHAN ARAFATH v. THE STATE OF AP

WP/18345/2025 · 2025-07-16

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010366272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI WRIT PETITION NO: 18345 OF PRATAPA Between: Pathan Arafath, S/o. Vasudulla. Aged about 34 Years Aayappa Swamy Temple Back side, Katevaram pradesh 522-202. R/o. D.No.5-466, Guntur District, Andhra ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi, A.P. 2. The Superintendent of Poiioe, Ongole, Ongole District 3. The Deputy Superintendent of Police, Ongole, Ongole District, Andhra Pradesh. Andhra Pradesh. 4. The Station House Officer, Islampet II Town Guntur District A.P. 5. Shaik Nazma Banu, C/o. Shaik Pacha R/o. D.No. 17-6-19, Mubarak Nagar2nd Line, 522124. 6. Sk Sushma, W/o. Tazuddin, Islampet, 6*^ Line, Ongole, Prakasam Police Station, Guntur, Saheb, Aged about 43 years Ponnur, Guntur District - Aged about 31, R/o. D.No.29-1-167, District, Andhra Pradesh - 523- 001 ...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 an appropriate Writ, Order or Direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of the Respondent's No. 4 interfering with the personal life and liberty of the Petitioner family members with the influence of the Respondent No.5 AND 6 without any legal cause, as illegal, arbitrary and violation of Articles 14 Constitution of India and consequently direct the respondents / and his and 21 of the not to interfere with the personal liberty of the petitioner by summoning the petitioner to the police station. lA NO: 1 OF 202fi Petition under Section 151 of 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 No.4 and other concerned authorities harass, threaten not to or take any coercive action against the Petitioner in any manner pending disposal of the present writ petition. Counsel for the Petitioner: SRI SOMISETTY GANESH Counsel for the Respondent Nos.1 to 4: GP FOR HOME Counsel for the Respondent Nos.5 & 6: The Court made the following order: BABU c APHC010366272025 / IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA [3396 ] WRIT PETITION No. 18345/2025 Between; 1.PATHAN ARAFATH, S/0. VASUDULLA, AGED ABOUT 34 YEARS, R/0. D.NO.5-466, AAYAPPA SWAMY TEMPLE BACK SIDE, KATEVARAM GUNTUR DISTRICT, ANDHRA PRADESH 522-202. ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT, VELAGAPUDI, HOME DEPARTMENT, AMARAVATHI, A.P. 2.THE SUPERINTENDENT OF POLICE, ONGOLE, ONGOLE DISTRICT, ANDHRA PRADESH. 3.THE DEPUTY SUPERINTENDENT OF POLICE, ONGOLE, ONGOLE DISTRICT, ANDHRA PRADESH. 4.THE STATION HOUSE OFFICER, ISLAMPET II TOWN POLICE STATION, GUNTUR, GUNTUR DISTRICT A.P. 5.SHAIK NAZMA BANU, C/0. SHAIK PACHA SAHEB, AGED ABOUT 43 YEARS R/0. D.NO. 17-6-19, MUBARAK NAGAR2ND LINE, PONNUR, GUNTUR DISTRICT - 522124. 6.SK SUSHMA, W/0. TAZUDDIN, AGED ABOUT 31, R/0. D.N0.29- 1-167, ISLAMPET, 6TH LINE, ONGOLE, PRAKASAM DISTRICT, ANDHRA PRADESH - 523-001 ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstancesstated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of the Respondent's No. 4 interfering with the personal life and liberty of the Petitioner and his family members with the influence of the Respondent No.5 AND 6 without any legal cause, as illegal, arbitrary and violation of Articles 14 and 21 of the Constitution of India and consequently direct the respondents not to interfere with the personal liberty of the petitioner by summoning him to the police station and to pass 9 Counsel for the Petitioner: 1.SOMISETTY GANESH BABU Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following: ORDER: The instant Writ. Petition is filed by the Petitioner seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief: Order or Direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of the Respondent's No. 4 interfering with the personal life and liberty of the Petitioner and his family members with Respondent No.5 and 6 without any legal cause, as illegal, arbitrary and violation of Articles 14 and 21 of the Constitution of consequently direct the respondents not to interfere with the personal liberty of the petitioner by summoning him to the police station and to pass 2. Heard Sri Somisetty Ganesh Babu, learned counsel for the Petitioner and learned Assistant Government Pleader for Home appearing for the official respondents. Perused the material on record. ... to issue an appropriate Writ, the influence of the India and 3. Learned counsel for the Petitioner would submit that the police are interfering in the personal life and liberty of the Petitioner and pressurizing him to settle the issue with unofficial respondents 5 to 6. Learned counsel prays for passing appropriate directions to the respondent Police not to interfere with the personal life and liberty of the Petitioner without following due process of law. 4. Learned Assistant Government Pleader would submit that this Writ Petition may be disposed of by passing appropriate directions to the respondent- Police. s 5. In that view, it is apposite to direct the respondent-Police not to interfere with the personal life and liberty of the Petitioner without following process of law. It does not preclude the police to act according to law. 6. With the above direction, this Writ Petition is disposed of. No order as due to costs. Pending applications, if any, shall stand closed. \r Sd/- B. PRASADA RAO assistant registrar SECl^ OFFICER //TRUE COPY// To 1. The Principal Secretary, State of Andhra Pradesh, Home Department Secretariat, Velagapudi, Amaravathi, A.P. Superintendent of Police, Ongole, Ongole District, Andhra Pradesh, of Police, Ongole, Ongole District, Andhra 2. The 3. Th^ bepi^^ Suptenr^endent Pradesh. 4. The Station House- officer, Islampet II Town Police Station, Guntur, Guntur District A.P. 5. Shaik Nazma Banu, C/o. Shaik Pacha Saheb, Aged about 43 years Mubarak Nagar2nd Line, Ponnur, Guntur District - R/o. D.No.17-6-19, 522124. 6. Sk Sushma, W/o. Tazuddin, Aged about 31, R/o. D.No.29-1-167, Islampet, 6th Line, Ongole, Prakasam District, Andhra Pradesh - 523- 001 SRI. SOMISETTY GANESH BABU Advocate [OPUC] GP FOR HOME High Court of Andhra Pradesh [OUT] 7. OneCCto 8. Two CCs to 9. Two CD Copies sree HIGH COURT DATED: 17/07/2025 \ \ ORDER WP NO. 18345 OF 2025 I 1IJUL2(W S ^ . Current Secnon . DISPOSING THE W.P. WITHOUT COSTS