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APHC010415242025
IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY,THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21559 OF 2025 Between:
1. NADIPALLI LOVARAJU, Age 37yrs, S/o.Paddaraju (late), Caste ST Kondareddy,
D.Bhimavaram village, Addateegala Mandal,
Alluri Seetharamaraju District. 2. Nadipalli Nookaraju, Age 56yrs, S/o.Nagaraju, Caste ST Kondar D.No.4-54, Gangalamma veedhi, Maredumilli village, Maredumilli Mandal, Alluri Seetharamaraju District. 3. Andala Sathi Reddy, Age 38yrs S/o.Latchi reddy, 2 Maredumilli Mandal, Alluri Seetharamaraju District. 4. Murla Adilakshmi, Age 38yrs, D/o.Bojji Reddy, 1 Maredumilli Mandal, Alluri Seetharamaraju District. 5. Murla Ramayamma, . Age 57yrs W/o.Bojji Reddy (late), D.No.4 Gangalamma veedhi, Maredumilli village, Maredumilli Mandal, Alluri Seetharamaraju District. 6. Murla Bhavani, Age 36yrs W/o.Sathireddy, 1 Maredumilli Mandal, Alluri Seetharamaraju District. 7. Nadipalli Yeswanthkumar, Age 29yrs, S/o.Nookaraju, Caste ST Kondareddy,
D.No.4-54, Gangalamma veedhi, Maredumilli vill Maredumilli Mandal, Alluri Seetharamaraju District. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA PETITION NO: 21559 OF 2025
1. NADIPALLI LOVARAJU, Age 37yrs, S/o.Paddaraju (late), Caste ST Kondareddy,
D.Bhimavaram village, Addateegala Mandal,
Alluri
2. Nadipalli Nookaraju, Age 56yrs, S/o.Nagaraju, Caste ST Kondar 54, Gangalamma veedhi, Maredumilli village, Maredumilli Mandal, Alluri Seetharamaraju District. 3. Andala Sathi Reddy, Age 38yrs S/o.Latchi reddy, 2-19, Tadepalli, Maredumilli Mandal, Alluri Seetharamaraju District. Age 38yrs, D/o.Bojji Reddy, 1-65, Chelaka Veedhi, Maredumilli Mandal, Alluri Seetharamaraju District. 5. Murla Ramayamma, . Age 57yrs W/o.Bojji Reddy (late), D.No.4 Gangalamma veedhi, Maredumilli village, Maredumilli Mandal, Alluri
6. Murla Bhavani, Age 36yrs W/o.Sathireddy, 1-65, Chelaka Veedhi, Maredumilli Mandal, Alluri Seetharamaraju District. 7. Nadipalli Yeswanthkumar, Age 29yrs, S/o.Nookaraju, Caste ST 54, Gangalamma veedhi, Maredumilli vill Maredumilli Mandal, Alluri Seetharamaraju District. IN THE HIGH COURT OF ANDHRA PRADESH
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
1. NADIPALLI LOVARAJU, Age 37yrs, S/o.Paddaraju (late), Caste ST Kondareddy,
D.Bhimavaram village, Addateegala Mandal,
Alluri
2. Nadipalli Nookaraju, Age 56yrs, S/o.Nagaraju, Caste ST Kondareddy, 54, Gangalamma veedhi, Maredumilli village, Maredumilli Mandal, 19, Tadepalli, 65, Chelaka Veedhi,
5. Murla Ramayamma, . Age 57yrs W/o.Bojji Reddy (late), D.No.4-54, Gangalamma veedhi, Maredumilli village, Maredumilli Mandal, Alluri 65, Chelaka Veedhi,
7. Nadipalli Yeswanthkumar, Age 29yrs, S/o.Nookaraju, Caste ST 54, Gangalamma veedhi, Maredumilli village,
...Petitioners AND
1. THE STATE OF ANDHRA PRADESH, Rep., By its. Principal Secretary Home Department, Secretariat Building, Amaravathi, Guntur District. 2.
The Director General of Police, Mangalagiri, Guntur District. 3. Superintendent of police, Alluri Seetharamaraju District, Paderu. 4. Station House Officer, Maredumilli police station, Maredumilli Mandal, Alluri Seetharamaraju District. 5. Yegi Nagajyothi, age 29yrs, D/o.Veerraju, Maredumilli village, Maredumilli Mandal, Kakinada District. ...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 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. 4 in failing to comply with the procedure laid down under Section 179 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by not issuing a written summons to the petitioners for their appearance as illegal, arbitrary, unconstitutional, and in clear violation of Articles 14 and 21 of the Constitution of India, as well as the principles of natural justice. It is prayed that this Honble Court may be pleased to direct Respondent No. 4 to strictly adhere to the procedure prescribed under Section 179 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), by issuing formal written notices to the petitioners for their appearance, clearly stating the facts and circumstances of the complaint. It is prayed that this Honble Court may be pleased to pass
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 pleased to direct the 2nd respondent to initiate departmental action against the 4th respondent for intentionally harassing members of the Scheduled Tribes in the Scheduled Area under the Fifth Schedule to the Constitution. It is prayed that this Hon’ble Court may be pleased to pass Counsel for the Petitioners: INAPURAPU SURYANARAYANA Counsel for the Respondents: GP FOR HOME The Court made the following order:
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21559 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. 4 in failing to comply with the procedure laid down under Section 179 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by not issuing a written summons to the petitioners for their appearance as illegal, arbitrary, unconstitutional, and in clear violation of Articles 14 and 21 of the Constitution of India, as well as the principles of natural justice. It is prayed that this Honble Court may be pleased to direct Respondent No. 4 to strictly adhere to the procedure prescribed under Section 179 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), by issuing formal written notices to the petitioners for their appearance, clearly stating the facts and circumstances of the complaint. It is prayed that this Honble Court may be pleased to pass…”
2. Heard Sri I.Surya Narayana, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents.
3. Learned Assistant Government Pleader for Home, on instructions, submits that, pursuant to a complaint lodged by one Yegi Nagajyothi, a case has been registered as Crime No.40 of 2025 for the offence punishable under Section 69, 318 (4) BNS of Maredumili, and the police are presently
investigating into the matter and the petitioner intentionally without cooperating the investigation filed the present writ petition.
4.
Learned counsel for the petitioner would submit that recording the same, the petition may be disposed of.
5. Recording the above said submissions, the Writ Petition is disposed of. The police are directed to follow the due process of law. There shall be no
order as to costs.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 22.08.2025. KKV`
HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.21559 of 2025
Dated.22.08.2025
KKV