APHC010461992025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 24009 OF 2025 Between: 1. CHILAKA PREM KUMAR, S/o. Chilaka Srinivasa Rao, Aged about 28 years, R/o. Near Vijaya Digitals, Inner Ring Road, Reddypalem, Guntur District. 1. THE STATE OF AP, Rep by its Principal Secretary, De Secretariat Building, Secretariat, Amaravathi, Andhra Pradesh 2. The Director General of Police, Mangalagiri, Guntur District. 3. The Superintendent of Police, Krishna District. 4. The Station House Officer, Mandavalli Police Station, 5. Kommu Pawan Kumar, S/o. Premaiah R/o. D.No. 13 EluruDistrict, Andhra Pradesh. Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed pleased to pleased to issue a Writ of mandamus or any other appropriate Writ, order or direction more particularly one in the nature of Mandamus, 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA PETITION NO: 24009 OF 2025 1. CHILAKA PREM KUMAR, S/o. Chilaka Srinivasa Rao, Aged about 28 years, R/o. Near Vijaya Digitals, Inner Ring Road, Reddypalem, Guntur ...Petitioner AND 1. THE STATE OF AP, Rep by its Principal Secretary, Department of Home, Secretariat Building, Secretariat, Amaravathi, Andhra Pradesh 2. The Director General of Police, Mangalagiri, Guntur District. 3. The Superintendent of Police, Krishna District. 4. The Station House Officer, Mandavalli Police Station, Krishna District. 5. Kommu Pawan Kumar, S/o. Premaiah R/o. D.No. 13-678, Kaikaluru, EluruDistrict, Andhra Pradesh. ...Respondents 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 issue a Writ of mandamus or any other appropriate Writ, order or direction more particularly one in the nature of Mandamus, IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. CHILAKA PREM KUMAR, S/o. Chilaka Srinivasa Rao, Aged about 28 years, R/o. Near Vijaya Digitals, Inner Ring Road, Reddypalem, Guntur ...Petitioner partment of Home, Krishna District. 678, Kaikaluru, ...Respondents Petition under Article 226 of the Constitution of India praying that in the therewith, the High Court may be pleased to issue a Writ of mandamus or any other appropriate Writ, order or direction more particularly one in the nature of Mandamus, 2 declaring the action of the 4th respondent in harassing the petitioner by repeatedly calling him to police station for enquiry in relating to the crime registered as FIR No. 217 of 2024 of Mandavalli Police Station on 10/12/2024ithout following the due process of law as contemplated under U/s. 35(3) BNSS without following the law declared in Arnesh Kumar Vs. State of Bihar as Illegal, arbitrary, ultra-vires, unconstitutional and violative of Article 14, 21 and 22 of Constitution of India and consequently direct the respondents not to harass the petitioner and follow the due process of law as contemplated under U/s. 35(3) BNSS 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 not to harass the petitioner by calling the petitioner to the PS for enquiry in relating to the crime registered as FIR No. 217 of 2024 of Mandavalli Police am Station on 10/12/2024 without following the due process of law as contemplated under U/s. 35(3) BNSS and pass such other further orders as it deem fit and proper in the circumstances of the case, pending disposal of the above writ petition and to pass suc Counsel for the Petitioner: N PRAMOD Counsel for the Respondents: GP FOR HOME The Court made the following order: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 24009 OF 2020 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue a Writ of mandamus or any other appropriate Writ, order or direction more particularly one in the nature of Mandamus, declaring the action of the 4th respondent in harassing the petitioner by repeatedly calling him to police station for enquiry in relating to the crime registered as FIR No. 217 of 2024 of Mandavalli Police Station on 10/12/2024ithout following the due process of law as contemplated under U/s. 35(3) BNSS without following the law declared in Arnesh Kumar Vs. State of Bihar as Illegal, arbitrary, ultra-vires, unconstitutional and violative of Article 14, 21 and 22 of Constitution of India and consequently direct the respondents not to harass the petitioner and follow the due process of law as contemplated under U/s. 35(3) BNSS and pass…” 02. Heard Sri N.Pramod, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 03. The grievance of the petitioner is that despite registration of Crime No.217 of 2024, the respondent police are calling him repeatedly without serving proper notice under Section 35(3) BNSS and without following due process of law. 4 04. On the other hand, the learned Assistant Government Pleader for Home, on instructions, submits that the case was registered on the complaint of the management of Instakart Services Pvt. Ltd., alleging misappropriation of funds and goods to the tune of ₹9,15,388/-. Investigation is in progress, statements of witnesses have been recorded, and the presence of the petitioner is necessary. It is further submitted that notice under Section 179 BNSS has been prepared and summoned for service, but the petitioner has been avoiding the same and is absconding since registration of the FIR. 05. Considering the rival submissions, it is directed that the respondent police shall follow the due process of law in Crime No.217 of 2024 and strictly comply with the procedure contemplated under the BNSS. 06. With the above direction, the Writ Petition is disposed of. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 16.09.2025 KKV 5 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO:24009 OF 2025 16.09.2025 KKV