BODEPUDI SIVA BRAHMA NARAYANA CHOWDARY v. The State of Andhra Pradesh
WP/21036/2025 · 2025-08-11
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 28940 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28940 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Tk APHC010412132025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) t o ir. TUESDAY,THE TWELFTH DAY OF AUGUST TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21036 OF 2025 >t Between: Bodepudi Siva Brahma Narayana Chowdary, S/o. Hanumaiah, aged about 51 R/o. 29-31-2, Madhireddy Vari Street, Hospital, Prakasam Road, Suryaraopet, Vijayawada (Urban). years Beside Myneni Subbarao ...PETITIONER AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretariat, Department of Home Affairs, Guntur District. 2. The Director General of Police, D.G.P. Office, Police Head Quarters, Mangalagiri, Guntur District. 3. The Commissioner of Police, NTR Commissionerate, Vijayawada. 4. The Station House Officer, Machavaram Police Station, Vijayawada. ...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 a Writ or Order or direction more particularly one in the nature, of WRIT OF MANDAMUS declaring the action of the respondents, more particularly the action of the 4^'' respondent, the Station House Officer, Machavaram Police Station, Vijayawada, repeatedly calling the petitioner to Secretariat, Velagapudi, Amaravati,
police station without the registration of any crime or any reason or justification and without following due process of law as highly arbitrary, illegal, unreasonable, violative of the Articles 14. 19 and 21 of the Constitution 1949 and violative of the provisions of the Bharatiya Nagarik Suraksha Sanhitha, 2023, and consequently direct the respondents particularly ^ respondent authorities not to call the petitioner to the police unnecessarily, without following due process of law and further direct the of India. more station the respondents not to take any coercive steps against the petitioner. lA NO: lOFJ^ Petition under Section 151 CPC praying that in the circumstances stated the affidavit filed in support of the petition, the High Court may be pleased to the respondents not to call the petitioner to the police in station direct unnecessarily without following due process of law. Counsel for the Petitioner: SRI KILARU NITHIN KRISHNA Counsel for the Respondent Nos.1 to 4: GP FOR HOME The Court made the following order:
1 APHC010412132025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21036/2025 Between: S/0.
BRAHMA NARAYANA CHOWDARY AGED ABOUT 51 YEARS, 1.BODEPUDI SIVA HANUMAIAH, MADHIREDDY VARI STREET, HOSPITAL, PRAKASAM ROAD, R/0. 29-31-2, BESIDE MYNENI SUBBARAO SURYARAOPET, VIJAYAWADA (URBAN). ...PETITIONER AND STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT 1.THE SECRETARIAT SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. OF HOME AFFAIRS, 2.THE DIRECTOR GENERAL OF POLICE, D.G.P. OFFICE, POLICE HEAD QUARTERS, MANGALAGIRI, GUNTUR DISTRICT. COMMISSIONER OF POLICE, NTR COMMISSIONERATE, VIJAYAWADA. 4.THE STATION HOUSE OFFICER, MACHAVARAM POLICE STATION, VIJAYAWADA. 3.THE ...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 a Writ or Order or direction more particularly one in the of WRIT OF MANDAMUS declaring the action of the respondents, particularly the action of the respondent, the Station House Officer, nature, more
iustiflcation and without followi"g'dufprocess onlTas'h": Illegal, unreasonable, violative of the Articles 14 19and21nftff r^ of India, 1949 and violative nf fhe ’ ^ Constitution Suraksha Sanhitha 2023 and Provisions of the Bharatiya Nagarik JA NO: 1 OF 7091; more petitioner .£rp?rfr,=rerr‘"”-”“ :r”“ may be pleased the police and pass such Counsel for the Petitioner:
1.KILARU NITHIN KRISHNA Counsel for the Respondent(S):
1-GP FOR HOME
3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21036 of 2025 ]
ORDER: \ This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: . .pleased to issue a Writ or Order or direction more particularly one in the nature, of WRIT OF MANDAMUS declaring the action of the respondents, more particularly the action of the respondent, the Station House Officer, Machavaram Police Station, Vijayawada, repeatedly calling the petitioner to the police station without the registration of any crime or any reason or justification and without following due process of law as highly arbitrary, illegal, unreasonable, violative of the Articles 14, 19 and 21 of the Constitution of India, 1949 and violative of the provisions of the Bharatiya Nagarik Suraksha Sanhitha, 2023, and consequently direct the respondents more particularly the 4th respondent authorities not to call the petitioner to the police station unnecessarily, without following due process of law and further direct the respondents not to take any coercive steps against the petitioner and pass such...” When the matter was taken up for hearing, Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents, on written instructions, would submit that basing on the complaint given by Dr.Yashwanth Koppala, preliminary enquiry is conducted. The petitioner was called to the police station for preliminary enquiry only.
Learned counsel for the petitioner would submit that recording the same, the petition may be disposed of. Recording the above said submission, the Writ petition is disposed of. There shall be no order as to costs.
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4 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.
Sd/- B. PRASADA RAO ASSISTANT REGISTRAR //y //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretariat, Department of Home Affairs, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District.
2. The Director General of Police, D.G.P. Office, Police Head Quarters, Mangalagiri, Guntur District.
3. The Commissioner of Police, NTR Commissionerate, Vijayawada.
4. The Station House Officer, Machavaram Police Station, Vijayawada.
5. One CC to Sri Kilaru Nithin Krishna, Advocate [OPUC]
6. Two CCS to GP for Home, High Court of Andhra Pradesh [OUT]
7. Two CD Copies. ssb
high court DATED;12/08/2025
ORDER No.21036 OF 2025 I 1 d/spos/ng of the w.p. WITHOUT COSTS