APHC010451012019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 302/2020 Between: 1. AMBATI BABJIRAO, S/O.CHINA VENKANNA AGE 51 YEARS, OCC. PRIVATE CLERK D.NO.4-113, KONTHERU, WEST GODAVARI DISTRICT 2. MAGATAM SATISH BABU, S/O. DHARMA KOTESWARA LINGAM D.NO.4-59, MAIN ROAD, NEAR ANJANEYA TEMPLE YELAMACHI MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI 2. THE SUPERINTENDENT OF POLICE, WEST GODAVARI DISTRICT AT ELURU, A.P. 3. THE CIRCLE INSPECTOR, YELAMANCHILI CIRCLE, YELAMANCHILI YELAMANCHILI MANDAL, WEST GODAVARI DISTRICT 4. THE STATION HOUSE OFFICER, YELAMANCHILI POLICE STATION YELAMANCHILI , YELAMANCHILI MANDAL, WEST GODAVARI 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 to to pass an order or writ or direction, more preferably one in the nature of a writ of mandamus declaring the action of the respondents 2 especially the action of 3rd and 4th respondents in calling I. petitioners and detaining them till early morning to late hours of night daily at the police station Yclamanchili in the name of investigation without following procedure contemplated under the code of criminal procedure and other applicable laws is illegal, discriminatory, arbitrary, malafide and violation of the constitutional rights guaranteed unde the Articles 14, 21 of the constitution of India and pass Counsel for the Petitioner(S): 1. N N SOMENDRA REDDY Counsel for the Respondent(S): 1. GP FOR HOME (AP) 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 pass an order or writ or direction, more preferably one in the nature of a writ of mandamus declaring the action of the respondents especially the action of 3rd and 4th respondents in calling I. petitioners and detaining them till early morning to late hours of night daily at the police station Yclamanchili in the name of investigation without following procedure contemplated under the code of criminal procedure and other applicable laws is illegal, discriminatory, arbitrary, malafide and violation of the constitutional rights guaranteed unde the Articles 14, 21 of the constitution of India and pass...…” 2. Heard Sri N.N.Somendra Reddy, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioners would submit that the police are calling the petitioners and detaining them daily at the police station. 4. Learned Assistant Government Pleader would submit that police has registered a case in Crime No.256 of 2019, dated 29.11.2019, for the offence under Sections 429 and 406 IPC of Yelamanchili Police Station, West Godavari District and charge sheet also filed in this matter on 07.05.2025. 5. Recording the same, this writ petition is disposed of. 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: 04.08.2025 MH 4 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA 36 W.P.No.302 of 2020 Dated.04.08.2025 MH