APHC010383712025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 19516/2025 Between: 1. SANKARAPU NANI, S/O. VENKATESWARA RAO, AGED ABOUT 32 YEARS, R/O. 61-2-271, EENADU COLONY, RAMALINGESWARA NAGAR, VIJAYAWADA (URBAN), N.T.R. DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY THE PRINCIPAL SECRETARY, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE, , THE STATE OF ANDHRA PRADESH, OFFICE DGP OFFICE, MANGALAGIRI, GUNTUR DISTRICT. 3. THE COMMISSIONER, , NTR COMMISSIONERATE, VIJAYAWADA, NTR DISTRICT. 4. THE STATION HOUSE OFFICER, , MACHAVARAM POLICE STATION, VIJAYAWADA, NTR 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 or Order or direction, more particularly one in the nature of Writ of Mandamus, declaring the highhanded action of the respondents in calling the petitioner herein to the police station and making him sit in the police station for long hours, without issuing any notice as contemplated under the provisions of the Bharatiya Nagarik Suraksha Sanhitha, 2023 and further insisting the petitioner herein to confess against the Accused No.1 in Crime No. 248/2025 on the file of the Machavaram Police Station, Vijayawada, N.T.R District and to declare the same as illegal, arbitrary, in violation of the procedure established under the provisions of Bharatiya Nagarik Suraksha Sanhitha, 2023, in violation of Article 14, 19, 21 of the Constitution of India and consequentially direct the officials of the 4th and 5th respondents herein not to call the petitioner herein to the police station unless on issuance of notices as contemplated under the provisions of the Bharatiya Nagarik Suraksha Sanhitha, 2023 and further direct the respondents not to take any coercive steps against the petitioner herein and pass IA NO: 1 OF 2025 2 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 respondent not to take any coercive steps against the petitioner in connection with Crime No. 248/2025 on the file of the Machavaram Police Station, Vijayawada for offences punishable u/s. 318(4), 316(2) of the Bharathiya Nyaya Sanhitha, 2023 & u/s. 5 of the Andhra Pradesh Protection of Depositors of Financial Establishments Act, 1999, and pass Counsel for the Petitioner: 1. KILARU NITHIN KRISHNA Counsel for the Respondent(S): 1. GP FOR HOME 3 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 or Order or direction, more particularly one in the nature of Writ of Mandamus, declaring the highhanded action of the respondents in calling the petitioner herein to the police station and making him sit in the police station for long hours, without issuing any notice as contemplated under the provisions of the Bharatiya Nagarik Suraksha Sanhitha, 2023 and further insisting the petitioner herein to confess against the Accused No.1 in Crime No.248/2025 on the file of the Machavaram Police Station, Vijayawada, N.T.R District and to declare the same as illegal, arbitrary, in violation of the procedure established under the provisions of Bharatiya Nagarik Suraksha Sanhitha, 2023 in violation of Article 14, 19, 21 of the Constitution of India and consequentially direct the officials of the 4th and 5th respondents herein not to call the petitioner herein to the police station unless on issuance of notices as contemplated under the provisions of the Bharatiya Nagarik Suraksha Sanhitha, 2023 and further direct the respondents not to take any coercive steps against the petitioner herein and pass such other order or orders… 2. Learned Assistant Government Pleader for Home, on written instructions, would submit that, the petitioner is one of the agent in Advika Trading Company and in this connection he was informed over phone to appear before the investigating officer. Learned Assistant Government Pleader further would submit that the investigation is in progress. 3. For ready reference, the written instructions are extracted hereunder: “It is further submitted that the petitioner is one of the Agent/Partner of Advika Trading Company. In this connection, on 19.07.2025 as per instructions, WSI of Police, Machavaram Police Station, contacted the petitioner over the phone and informed him that he was acquainted with the facts of the case and was required to appear before the Investigating Officer on 21.07.2025 along with the relevant documents/information. However, the petitioner failed to appear and did not produce any documents or information as directed. Furthermore, the writ petitioner has subsequently approached the Hon’ble High Court. 4 …………………………………………………… It is further submitted that the petitioner, acting as the agent of Advika Trading Company, has invested a sum of Rs.94,54,915/- through his clients. In return, he received an amount of Rs.1,74,85,733/- from Advika Trading Company. As there appears to be an excess amount of Rs.80,30,818/-, the same requires thorough investigation and needs to be established during the course of further investigation. It is further submitted that the petitioner whether he was act as agent/partner to be established and it was found that there are nearly 3000 victims and Rs.368 Crore have in misappropriated.” 4. Sri K.Nithin Krishna, learned counsel for the Petitioner would submit that notice may be given to the petitioner before calling to the Police Station. 5. Considering the submissions made, the Writ Petition is disposed of. However, the Police are directed to follow due process of law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:29.07.2025 JLV 5 177 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.19516 of 2025 Dt.29.07.2025 JLV