Nadipalli Yeswanthkumar v. THE STATE OF ANDHRA PRADESH
WP/19112/2025 · 2025-08-04
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26450 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26450 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010374102025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 19112/2025 Between:
1. NADIPALLI YESWANTHKUMAR, S/O.NOOKARAJU, AGED ABOUT 29YRS,
D.NO.4-54, GANGALAMMA VEEDHI, MAREDUMILLI VILLAGE, MAREDUMILLI MANDAL, ALLURI SEETHARAMARAJU DISTRICT. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP., BY ITS. PRINCIPAL SECRETARY HOME DEPARTMENT, SECRETARIAT BUILDING, AMARAVATHI, GUNTUR DISTRICT. 2. SUPERINTENDENT OF POLICE, ALLURI SEETHARAMARAJU DISTRICT, PADERU. 3. STATION HOUSE OFFICER, MAREDUMILLI POLICE STATION, MAREDUMILLI MANDAL, ALLURI SEETHARAMARAJU DISTRICT. 4. YEGI NAGAJYOTHI, D/O.VEERRAJU, AGED ABOUT 29YRS, MAREDUMILLI VILLAGE, MAREDUMILLI MANDAL, KAKINADA 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 to issue an appropriate writ, order, or direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of Respondent No. 3 in not complying with the procedure laid down under Section 179 of the
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Bharatiya Nagarik Suraksha Sanhita, 2023 by failing to issue a written summons to the petitioner for his appearance as illegal, arbitrary, unconstitutional, and in clear violation of Articles 14 and 21 of the Constitution of India, and pass such 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 may be pleased to direct Respondent No. 3 to strictly adhere to the procedure prescribed under Section 179 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), by issuing a formal written notice to the petitioner for his appearance, clearly stating the facts and circumstances of the complaint and pass such IA NO: 2 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 may be pleased to direct the 3rd respondent to comply with the provisions of Section 179 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and the rules framed thereunder. and pass such Counsel for the Petitioner:
1. INAPURAPU SURYANARAYANA Counsel for the Respondent(S):
1.
GP FOR HOME
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 19112 of 2025 ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“…pleased to issue an appropriate writ, order, or direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of Respondent No. 3 in not complying with the procedure laid down under Section 179 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by failing to issue a written summons to the petitioner for his appearance as illegal, arbitrary, unconstitutional, and in clear violation of Articles 14 and 21 of the Constitution of India, and pass such…”
2. When the matter is taken up for hearing, Sri V.Farooq, learned Assistant Government Pleader for Home, on instructions, would submit that basing on the complaint of the father of the respondent No.4, a case in Cr.No.52 of 2024, under the head of Women Missing of Maredumilli P.S., was registered on 11.06.2024. During the course of investigation, the respondent police have called the petitioner to the police station for preliminary enquiry. Thereafter, the case was referred as “Action drop” vide proceedings of SDPO in C.No.79/RFD/SDPop-RCVM/2025 dated 28.07.2025. Learned Assistant Government Pleader would further submit that the petitioner was called to the police station for preliminary enquiry only. 3. Sri I.Suryanaraya, learned counsel for the petitioner would submit that recording the same, the petition may be disposed of. 4. Recording the above said submission, the Writ Petition is disposed of. There shall be no order as to costs. 4
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 05.08.2025 UPS
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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.19112 of 2025
Dated.05.08.2025
UPS
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