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% APHC010433832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23315 OF 2025 Between: B. Haroon Basha, S/o Hai Basha, aged 36 years, Business, R/o H.No.25-489 Havannapet, Adoni Town, Kurnool District. ...Petitioner AND
1. The State of Andhra Pradesh, Rep by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi,.Guntur District. 2. The Director General of Police, Andhra Pradesh, Police Head Quarters, Mangalagiri, Guntur District. 3. The Superintend of Police, Kurnool District. 4. The Deputy Superintendent of Police, Adoni Town, Kurnool District. 5. The Station House Officer, III Town Police Station Kurnool District. Adoni Town, ...Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action, things and deeds harassing the Petitioner by of Respondents especially 5*'^ Respondent calling him to Police Station, which is illegal, irregular, arbitrary, highhanded. in against to the Principles of Natural Justice, contra to the un-constitutional, guidelines enumerated in G O.Ms. No.288, Dated 06-11-2010 issued by 1
i Respondent and in violation of Articles 14, 19 and 21 of Constitution of India, ^.consequently direct the Respondents not to harass the Petitioner by calling hini td 5th Respondent Police Station. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents forthwith especially 5**^ Respondent not to harass the Petitioner by calling him to 5*^^ Respondent Police Station pending disposal of Writ Petition. Counsel for the Petitioner: SRI MATADA YUVASIVA SWAMY Counsel for the Respondent No’s. 1 to 5: GP FOR HOME The Court made the following order: t
APHC010433832025 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: 23315/2025 Between:
1.B HAROON BASHA, S/0 HAI BASHA, AGED 36 YEARS, BUSINESS, HAVANNAPET, ADONI TOWN, KURNOOL R/0 H.NO.25-489, DISTRICT.
...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT, VELAGAPUDI, AMARAVATHI,.GUNTUR DISTRICT. HOME SECRETARIAT, 2.THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH, POLICE HEAD QUARTERS, MANGALAGIRI, GUNTUR DISTRICT. 3.THE SUPERINTEND OF POLICE, KURNOOL DISTRICT. 4.THE DEPUTY SUPERINTENDENT OF POLICE, ADONI TOWN, KURNOOL DISTRICT. 5.THE STATION HOUSE OFFICER, III TOWN POLICE STATION ADONI TOWN, KURNOOL DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner:
1. MATADA YUVASIVA SWAMY Counsel for the Respondent(S):
4 2 1.GP FOR HOME
3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23315 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 declaring the action, things and deeds of Respondents especially 5th Respondent in harassing the Petitioner by calling Station, which is illegal, irregular, arbitrary, against to the Principles of Writ of Mandamus him to Police highhanded, un-constitutional. Natural Justice, contra to the guidelines enumerated in G.O.Ms. No.288, Dated 06-11-2010 issued by 1st Respondent and in violation of Articles 14, 19 and 21 of Constitution of India, consequently direct the Respondents not to harass the Petitioner by calling him to 5th Respondent Police Station and to pass....” Heard Sri Matada Yuvasiva Swamy, learned counsel for the petitioner Sri V.Farooq, learned Assistant Government Pleader for Home for the
2. and respondents.
3.
Learned counsel for the petitioner would submit that even after filing of charge sheet against the petitioner vide POCSO S.C.No.43 of 2025 before Vil Additional Sessions Judge, Kurnool FAC Spl. Court for Thai of Offences under the Protection of Children from Sexual Offences (POCSO) Act, 2012, Kurnool, the police are calling the petitioner to the police station. Learned Assistant Government Pleader for Home, instructions, would submit that a rowdy sheet has been opened against the petitioner in obedience to the orders of the SDPO, Adoni, vide proceedings in C.NO.36/SDPO-AND/2025 dated 22.03.2025. For the purpose of collecting on written
4.
4 some details, the petitioner was called to the police station, in lieu of the rowdy sheet opened against him.
5. Considering the submissions, the Writ Petition is disposed of. However, the police are directed to follow due procedure to call the petitioner to the police station since charge sheet is filed vide POCSO S.C.No.43 of 2025. Regarding the rowdy sheet opened against the petitioner, the police are
directed to follow the procedure directed by the Division Bench of this Court in its order dated 12.09.2022 in I.A.No.1 of 2022 in Writ Appeal No.674 of 2022, for summoning the petitioner to the police station on account of the pending rowdy sheet. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.
Sd/-K TATA RAO deputy registrar ^CTI^^FFICER //true copy// To, state of Andhra Pradesh The Principal Secretary, Home Department Secretariat, Velagapudi, Amaravathi,.Guntnr District. Andhra Pradesh, Police Head Quarters, 1
2. The Director General of Police Mangalagiri, Guntur District. Superintend of Police, Kurnool District. Deputy superintendent of Police, Adoni Town, Kurnool District ZL ».u« .. T- P*. —
3. The
4. The
5. The Kurnool District.
6. OneCCto SRI.
7. Two CCS to
8. Three CD Copies MATADA YUVASIVA SWAMY, Advocate [OPUC] Court of Andhra Pradesh [OUT] GP FOR HOME, High PRK
HIGH COURT DATED:03/09/2025
ORDER WP NO. 23315 OF 2025 % 17 SEP 2025 m . Curront Saction .
DISPOSING OF THE W.P. WITHOUT COSTS