APHC010424262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 22388/2025 Between: 1. GUBBALA RAVITEJA ...PETITIONER AND 1. THE STATE OF AP ...RESPONDENT Counsel for the Petitioner: 1. INAPURAPU SURYANARAYANA Counsel for the Respondent: 1. 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 action of respondent No.3 in not complying with the procedure laid down under Section 173(3) of the BNSS, 2023, by failing to serve the written complaint along with the notice under Section 173(3) of BNSS 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 Hon’ble Court may be pleased to directed respondent No.3 to strictly adhere to the procedure prescribed under Section 173(3) of the BNSS, 2023 by serving a copy of the written complaint along with the notice under Section 173(3) BNSS to the petitioners, so as to ensure that the petitioners, being the alleged accused, are fully informed of the allegations against them and are afforded a fair opportunity to prepare their defense. It is also prayed that this Hon’ble Court may be pleased to pass such other and further orders or directions as may be deemed just, fit, and proper ” 2. Heard I.Suryanarayana, learned counsel for the petitioners and Sri Md.Farooq, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioners would submit that the mother of A1 received a notice from the police under Section 173(3) of BNSS asking her to 2 appear before the police for family counseling. Learned counsel would further submit that a direction may be given to the police to give such notice to all the accused so that they will appear before the police and join the family counseling to resolve the matrimonial issues. 4. Learned Assistant Government Pleader for Home would submit that the Court may pass appropriate orders. 5. Considering the submissions made, the Writ Petition is disposed of. However, Police are directed to look into the point raised by the petitioners and take appropriate steps to secure the presence of all the accused for family counseling. 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:08.09.2025 Asr 3 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.22388 of 2025 Dt.08.09.2025 Asr