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2025 DAILYLAW 28899 (AP)

BAALIREDDY ANAND REDDY v. THE STATE OF ANDHRA PRADESH

WP/21033/2025 · 2025-08-10

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010412092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY.THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21033 OF 2025 LV / o 781 > :> Between: Baalireddy Anand Reddy, S/o. Govinda Raj, Aged about 39 years, R/o. 5/11 B.R. Kandriga Village, Puthalapattu Mandal, Chitoor District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by the Principal Secretary Department Amaravati, Guntur District. 2. The Director General of Police, The State of Andhra Pradesh DGP Office, Mangalagiri, Guntur District. 3. The Commissioner, NTR Commissionerate, Vijayawada, i 4. The Station House Officer, Machavaram Police Station NTR District. 5. The Station House Officer, Task Force Police Station, Vijayawada, N.T.R District. of Home Affairs, Secretariat Buildings, Velagapudi Office NTR District. I, Vijayawada, Suryaraopeta ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court pleased to issue a Writ or Order may be 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 in connection with Crime No. 248/2025 on the file of the Machavaram Police Station Vijayawada, N.T.R District, without issuing any notice as contemplated under the provisions of the Bharatiya Nagarik Suraksha Sanhitha 2023 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 4‘^ 5^^ 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. lA NO: 1 OF 2Q2fi 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 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. Counsel for the Petitioner: SRI KILARU NITHIN KRISHNA Counsel for the Respondent Nos.1 to 5: GP FOR HOME The Court made the following order: APHC010412092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 21033/2025 Between: B^LIREDDY ANAND REDDY, S/0. GOVINDARAJ, AGED ABOUT 39 CHTOOR^'lSTRICT^ '^ KANDRIGA VILLAGE, PUTHALAPATTU MANDAL, ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH SECRETARY, DEPARTMENT REP. BY THE PRINCIPAL 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 DISTRICT. 4.THE STATION HOUSE OFFICER, MACHAVARAM POLICE STATION VIJAYAWADA, NTR DISTRICT. 5.THE STATION HOUSE OFFICER, TASK FORCE POLICE STATION SURYARAOPETA VIJAYAWADA, N.T.R DISTRICT. NTR COMMISSIONERATE, VIJAYAWADA, NTR ...RESPONDENT{S): Counsel for the Petitioner: 1.KILARU NITHIN KRISHNA Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... a Writ of Mandamus declaring the highhanded action of the respondents in calling the petitioner herein to the police station in connection with Crime No. 248/2025 on the file of the Machavaram Police Station, Vijayawada, N.T.R District, without issuing any notice as contemplated under the provisions of the Bharatiya Nagarik Suraksha Sanhitha, 2023 as illegal, arbitrary, in violation of the procedure established under the provisions of Bharatiya Nagarik a 2 c police station unless on issuanrt^ nf #• Pohtioner herein to the the provisions of the Bharatiya NLTrikf ss oontempiated under and further direct the respondents not tn f Sanhitha, 2023 against the petitioner herein " 2. Sri V.Farooq, learned written instructions, wherein, the Petitioner has any coercive steps Assistant Government Pleader for Home, on would submit that. a criminal case has been registered, not been shown as Accused and investigation iIS going on. Learned Assistant for the purpose of Government Pleader would further submit that enquiry, the Petitioner 3- Sri Kilaru Nithin Krishna was called to the Police Station, learned counsel for the Petitioner would submit that the Court may pass appropriate orders “■ Considering the submissions made, the Writ Petition is disposed of. However, Police are directed to follow due process of law. Petitioner are further directed to shall cooperate for the investigation. Police Petitioner in the examine the presence of an Advocate of his choice, subject to the condition that the said Advocate away from the place of investigation. The Advocate and decorum and shall not interfere with the i shall be at a distance of minimum 15 feet Shall maintain decency investigation. There shall be no order as to costs. As a sequel thereto mi miscellaneous petitions if any, pending shall stand closed. Sd/- B. PRASADA RAO ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary, Department Pradesh, Secretariat Buildings, Veiagapudi, Amaravati of Home Affairs, State of Andhra Guntur District. r 2. The Director General of Police, The State of Andhra Pradesh, Office DGP Office, Mangalagiri, Guntur District. 3. The Commissioner, NTR Commissionerate 4. The Station House Officer, Machavaram Police NTR District. 5. The Station House Officer, Task Force Vijayawada, N.T.R District. 6. One CC to Sri Kilaru Nithin Krishna, Advocate [OPUC] 7. Two CCs to GP for Home, High Court of Andhra 8. Two CD Copies. Vijayawada, NTR District. Station, Vijayawada, Police Station, Suryaraopeta Pradesh [OUT] ssb c HIGH COURT DATED:11/08/2025 \ ORDER WP No.21033 OF 2025 disposing of the w.p. without costs