APHC010447622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23694/2025 Between: 1. UPPALAPATI PHANINDRA CHOWDARY, S/O.LATE VASUDEVA RAO, AGED ABOUT 48 YEARS, R/O.H.NO.LO-LOA, MAIN ROAD, KAIKALURU TOWN, ELURU DISTRICT PRESENTLY RESIDING AT H.NO.3-224/B/4, NAYA NAGAR, KODAD, SURYAPET DISTRICT, TG STATE. ...PETITIONER AND 1. THE STATION HOUSE OFFICER, KAIKALURU TOWN POLICE STATION, KAIKALURU, ELURU DISTRICT. 2. THE DEPUTY SUPERINTENDANT OF POLICE, ELURU, ELURU DISTRICT. 3. THE SUPERINTENDENT OF POLICE, ELURU, ELURU DISTRICT. 4. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 5. REDDI NAGESWARA RAO, S/O.VENKAT RAO, AGED ABOUT 60 YEARS, R/O.GUMMILERU VILLAGE, ALAMURU MANDAL, DR.B.R.AMBEDKAR KONASEEMA DISTRICT. 6. NUNE NARAYANA RAO, S/O.SURYANARAYANA MURTHY, AGED ABOUT 56 YEARS, R/O.MOTHKUR VILLAGE, ALAMAURU MANDAL BR.AMBEDKAR KONASEEMA DISTRICT. 2 7. UPPALAPATI RAMA BRAHMA CHOWDARY, S / O. KRISHNA MURTHY, AGED ABOUT 70 YEARS, R/O.NEAR SAI BABA TEMPLE, NIMMAGADDA NAGABUSHANAM ROAD, KAIKALURU, ELURU 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 to declare the action of the Respondent No.l in disturbing the personal liberty of the Petitioner without following due process of law and insistthe Petitioner to reside in Kaikaluru Town, Eluru District instead of residing at Kodad, Suryapet District contrary to the will and wish of the Petitioner as arbitrary and illegal and violation of Article 14, 19 and 21 of the Constitution of India and consequently direct the Respondent No. 1 to not to disturb the personal liberty of the Petitioner without following due process of law in the interest of justice. 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 Respondent No.l to not to disturb the personal liberty of the Petitioner without following due process of law pending disposal of the Writ Petition in the interest of justice. Counsel for the Petitioner: 1. P NAGENDRA REDDY Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23694 of 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 5th Respondent in not investigating into the case in Crime No. 145 of 2024 of Thimmapuram Police Station, Kakinada District and also not recording the statements Under Section 161 Cr.P.C. and as per the new act u/s 180 of BNSS, 2023 so far inspite of several personal requests of the petitioner is illegal, arbitrary, improper and unconstitutional and against the procedure contemplated under the Code of Criminal Procedure and consequently direct the respondents to investigate into the case in Crime No.145 of 2024 of Thimmapuram Police Station, Kakinada District and to file Final Report forthwith as per the law and also procedure contemplated under the code of criminal procedure and to pass..…” 2. Heard Sri P.Nagendra Reddy, 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 written instructions, would submit that the wife of the 5th respondent lodged a missing complaint before the SP of police, Eluru through PGRS on 01.08.2025. Basing on the complaint lodged, the 1st respondent made an enquiry and found that the petitioner is currently living with his mother’s elder sister and no one has kidnapped the petitioner. He would further submit that the 1st respondent sent 4 reply to the SP of police, Eluru and closed the petition on 18.08.2025. He would further submit that 1st respondent called the petitioner for preliminary enquiry only. 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. No order as to costs. However, the police are directed to follow due process of law. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 09.09.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.23694 of 2025 Dated.09.09.2025 UPS 504