>* APHC010457192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23259 OF 2025 Between; 1. Korabu Balam Padal,, S/o. Korabu Malik Padal, Aged 36 years, President, Aadivasi Swachanda Seva Samastha, Reg.No.38 of 2024, R/o. Kunturla Village and Post Seetharamaraju District. (Erstwhile Visakhapatnam District). 2. Vandalam Krishna Rao,, S/o. Linga Murthy, Aged 40 years, R/o. Adagarapalli Village, Vanchula Panchayat, G.K. Veedhi Mandal, Alluri Seetharamaraju District. Peddabayalu Mandal, Alluri ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District - 522237. 2. The Director General of Police, A.P. Police Head Quarters, Mangalagiri, Guntur District. 3. The District Collector and District Magistrate, /^uri Seetharamaraju District, (Erstwhile Visakhapatnam District). 4. The Superintendent of Police, Alluri Seetharamaraju District, (Erstwhile Visakhapatnam District). 5. The Circle Inspector of Police, Chintapalli Police Station Seetharamaraju District. Alluri 6. The Station House Officer, Chintapalii Seetharamaraju District. 7. Vanagaii Lingababu, S/o. Ramarao, Aged 43 years, R/o. Kommangi Village And P^hayat, Chintapalii Mandal, District. ^ Police Station, Alluri Alluri Seetharamaraju ...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 an order or direction more particularly one in the nature of Writ of Mandamus declaring the action following the mandatory , non procedures and apex court guideline and omission of duties, of the Respondents as illegal, arbitrary, unreasonable, mala fide, discriminatory, and violation of the Petitioners fundamental rights under Articles 14, 19, 21, and 22 of the Constitution of India, thereby necessitating judicial intervention and against the principles of natural justice and Consequently direct the respondents I) directing the Respondents no. 1 to 5 to strictly comply with the guidelines laid down in Arnesh Kumar vs. State of Bihar ((2014) 8 see 273), Sections 35(3) and 173(3) of the BharatiyaNagarik Suraksha Sanhita, 2023, Chapter 16 of the Andhra Pradesh Police Manual, and Section 23 of the Police Act, 1861, in the investigation of FIR No. 22/2025 registered at Chintapalii Police Station, Alluri Seetharamaraju District. Respondents no.5 to conduct a preliminary inquiry mandated under Section 173(3) of the BNSS and refrain from effecting any arrest in connection with FIR NO22/2025 without issuing a notice under Section 35(3) of the BNSS and (ii) Direct the recording reasons justifying the necessity of such arrest registration of FIR No. 22/2025 without a iii) Declare the preliminary ^uiry as bad in law and direct the Respondents to rectify the procedural lapses and Grant lA 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 to direct the respondent’s Stay any coercive action, including arrest, against the suspect in FIR No. 22/2025, until the Respondents comply with Sections 35(3) and 173(3) of the BNSS, the Arnesh Kumar guidelines, and the Andhra Pradesh Police Manual and Direct the Respondents to file a compliance report before this Hon’ble Court detailing the steps taken to adhere to Sections 35(3) and 173(3) of the BNSS, the Arnesh Kumar guidelines, and Chapter 16 of the/indhra Pradesh Police Manual in the investigation of FIR No. 22/2025, ujrfil pending the disposal of this Writ Petition, in the interest of justice and to prevent irreparable harm to the Petitioner. Counsel for the Petitioners: SRI NANI BABU ROBBA Counsel for the Respondent Nos.1,2,4,5,6: GP FOR HOME Counsel for the Respondent No.3: GP FOR REVENUE Counsel for the Respondent No.7: NONE APPEARED The Court made the following order: APHC010457192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA [3396] WRIT PETITION No. 23259/2025 Between: 1.KORABU BALAM PADAL, S/O.KORABU MALIK PADAL, AGED 36 YEARS, PRESIDENT, AADIVASI SWACHANDA SEVA SAMASTHA, REG.N0.38 OF 2024, R/0. KUNTURLA VILLAGE AND POST, PEDDABAYALU MANDAL, ALLURI SEETHARAMARAJU DISTRICT. (ERSTWHILE VISAKHAPATNAM DISTRICT). 2.VANDALAM KRISHNA RAO,, S/0. LINGA MURTHY, AGED 40 YEARS, R/0. ADAGARAPALLI VILLAGE, PANCHAYAT, G.K. VEEDHI MANDAL, SEETHARAMARAJU DISTRICT. VANCHULA ALLURI ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL HOME DEPARTMENT, SECRETARY, BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522237. SECRETARIAT 2.THE DIRECTOR GENERAL OF POLICE, A.P. POLICE HEAD QUARTERS, MANGALAGIRI, GUNTUR DISTRICT. 3.THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, ALLURI SEETHARAMARAJU DISTRICT, (ERSTWHILE VISAKHAPATNAM DISTRICT). 4.THE SUPERINTENDENT OF POLICE, ALLURI SEETHARAMARAJU DISTRICT, (ERSTWHILE VISAKHAPATNAM DISTRICT). 5.THE CIRCLE INSPECTOR OF POLICE, CHINTAPALLI POLICE STATION, ALLURI SEETHARAMARAJU DISTRICT. 6.THE STATION HOUSE OFFICER, CHINTAPALII POLICE STATION, ALLURI SEETHARAMARAJU DISTRICT. 7.VANAGAII LINGABABU, S/O. RAMARAO, AGED 43 YEARS, R/0. KOMMANGI VILLAGE AND PANCHAYAT, CHINTAPALII MANDAL, ALLURI SEETHARAMARAJU DISTRICT. ...RESPONDENT(S): X 2 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 an order or direction more particularly one in the nature of Writ of Mandamus declaring the action, non following the rnandatory procedures and apex court guideline and omission of duties of the Respondents as illegal, arbitrary, unreasonable, mala fide discriminatory and violation of the Petitioners fundamental rights under Constitution of India, thereby necessitating judicial intervention and against the principles of natural justice and Consequently direct the respondents i) directing the Respondents no.1 to 5 to strictly comply with the guidelines laid down in ® 273), Sections 35(3) and Nagarik Suraksha Sanhita, 2023, Chapter 16 of . Manual, and Section 23 of the Police Act inHoo 'q. / '^'^^stigation of FIR No.22/2025 registered at Chintapalii Police Station, Alluri Seetharamaraju District, (ii) Direct the Respondents ^ preliminary inquiry mandated under Section 173(3) of effecting any arrest in connection with FIR NO22/2025 Without issuing a notice under Section 35(3) of the BNSS and recording reasons justifying the necessity of such arrest, iii) Declare the re^stration of FIR No.22/2025 without a preliminary inquiry as bad in law and direct the Respondents to rectify the procedural lapses and Grant Counsel for the Petitioner(S): 1.NANI BABU ROBBA Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR REVENUE The Court made the following: ORDER: The instant Writ Petition is filed by the Petitioners seeking indulgence of this Court under Article 226 of the Constitution of India for the following " ■... to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action, non following the rnandatory procedures and apex court guideline and omission of duties of the Respondents as illegal, arbitrary, unreasonable, mala fide discriminatory, and violation of the Petitioners fundamental rights under Articles 14, 19, 21, and 22 of the Constitution of India thereby necessitating judicial intervention and against the principles of natural relief: ✓ justice and Consequently direct the respondents i) directing the Respondents no.l to 5 to strictly comply with the guidelines laid down in Arnesh Kumar vs. State of Bihar ((2014) 8 see 273), Sections 35(3) and 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, Chapter 16 of the Andhra Pradesh Police Manual, and Section 23 of the Police Act, 1861, in the investigation of FIR No.22/2025 registered at Chintapalii Police Station, Alluri Seetharamaraju District, (ii) Direct the Respondents no.5 to conduct a preliminary inquiry mandated under Section 173(3) of the BNSS and refrain from effecting any arrest in connection with FIR No22/2025 without issuing a notice under Section 35(3) of the BNSS and recording reasons justifying the necessity of such arrest, iii) Declare the registration of FIR No.22/2025 without a preliminary inquiry as bad in law and direct the Respondents to rectify the procedural lapses and Grant ...." 2. Learned Assistant Government Pleader for Home appearing for respondent Police on instructions would submit that crime is registered against the Petitioners and that this writ petition may be disposed of by passing appropriate orders. 3. Learned counsel for the Petitioners would submit that this crime is a counter case lodged against the Petitioners and that this Writ Petition may be disposed of by issuing a direction to the respondent police to follow due process of law if any crime is registered against the Petitioners. 4. Considering the submission, this Writ Petition is disposed of. Respondent Police are directed to follow due process of law if any crime is registered against the Petitioners. No order as to costs. Pending applications, if any, shall stand closed. Sd/- K.KASI RAO ACHAR! ASSISTANT REGISTRAR //TRUE COPY// !/% SECTION OPFjCER To, Home Department, Secretariat Buildings, 1. The Principal Secretary, Velagapudi, Amaravati, Guntur District - 522237. General of Police, A.P. Police Head Quarters, 2. The Director Mangalagiri, Guntur District. V J % 3. The District Collector and District Magistrate, Alluri Seetharamaraju District, (Erstwhile Visakhapatnam District). 4. The Superintendent of Police, Alluri Seetharamaraju District (Erstwhile Visakhapatnam District). 5. The Circle Inspector of Police, Chintapalli Police Station, Seetharamaraju District. 6. The Station House Officer, Chintapalii Police Station Seetharamaraju District. 7. One CC to Sri. Nani Babu Robba Advocate [OPDO 8. Two CCs to GP For Home, High Court of Andhra Pradesh [OUT] 9. Two CCs to GP For Revenue, High Court of Andhra Pradesh [OUT] 10. Two CD Copies. t' \ j Alluri Alluri } AL .<? ' , ** * S i • V/- if y. ' HIGH COURT DATED:01/09/2025 ORDER WP NO. 23259 OF 2025 17?EP 2025 I J . Current Section X *3^ DISPOSING OF THE W.P. WITHOUT COSTS