APHC010433392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 22170/2025 Between: 1. BHUKYA SWAMI NAYAK, S/O. GOVINDA NAYAK, AGED ABOUT 32 YEARS, OCC CULTIVATION, R/O. 8-9B, BRUNDAVANRAMTANDA MUNDLAMURMANDAL, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. SUPERINTENDENT OF POLICE, PRAKASAM DISTRICT AT ONGOLE. 3. SUBINSPECTOR OF POLICE, MUNDLAMUR POLICE STATION, PRAKASAM 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents 2nd and 3rd, insisting the petitioners to appear before their authority without issuing any notice and without giving any information and without following any known procedure established by law and thereby interfering with my personal liberty, without there being any authority of law and threatening me to implicate in false criminal cases for failure thereof, as illegal, irregular. 2 irrational, without jurisdiction and offends articles 14 and 21 of Constitution of India and consequently direct the respondents 2nd and 3rd not to interfere in any manner with my personal life, official life and liberty nor insist me to appear in the office of the 2nd and 3rd respondents and 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 respondents 2nd to 3rd not to interfere in any manner with my personal life, official life and liberty nor insist me to appear in the office of the 2nd and 3rd respondents, pending disposal of the main writ petition and pass Counsel for the Petitioner: 1. PANGA SIVANARAYANA 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents 2nd and 3rd, insisting the petitioners to appear before their authority without issuing any notice and without giving any information and without following any known procedure established by law and thereby interfering with my personal liberty, without there being any authority of law and threatening me to implicate in false criminal cases for failure thereof, as illegal, irregular. irrational, without jurisdiction and offends articles 14 and 21 of Constitution of India and consequently direct the respondents 2nd and 3rd not to interfere in any manner with my personal life, official life and liberty nor insist me to appear in the office of the 2nd and 3rd respondents and pass....…” 2. Heard Sri P.Siva Narayana, learned Counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the petitioner would submit that police are interfering with the personal liberty of the petitioner without there being any notice or crime. 4. Learned Assistant Government Pleader on written instructions would submit that the petitioner was an accused in Cr.No.125 of 2022, under Section 420, 379 IPC of Martur Police Station and also in Cr.No.137 of 2023 and the Court may pass appropriate orders. 4 5. Recording the same, this 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 pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 03.09.2025 MH 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA 36 W.P.No.22170 of 2025 Dated: 03.09.2025 MH