APHC010472702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 24041/2025 Between: 1. K.V. ROSAIAH,, S/O. K.KOTESWARA RAO, R/O. 13-14-545, LAKSHMI NARAYANA NILAYAM 1ST LANE, KRISHNA NAGAR, PATTABHIPURAM, GUNTUR, GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME (POLICE) DEPARTMENT ANDHRA PRADESH SECRETARIAT OFFICE, VELAGAPUDI, AMRAVATI. 2. THE SUPERINTENDENT OF POLICE, GUNTUR DISTRICT, GUNTUR. 3. THE STATION HOUSE OFFICER, PONNURU TOWN POLICE STATION, GUNTUR DISTRICT, ANDHRA PRADESH.. 4. THE STATION HOUSE OFFICER, PONNURU RURAL POLICE STATION GUNTUR DISTRICT, GUNTUR. 5. THE STATION HOUSE OFFICER, PEDDHAKAKANI RURAL POLICE STATION, GUNTUR DISTRICT, GUNTUR. 6. THE STATION HOUSE OFFICER, CHEBROLU RURAL POLICE STATION GUNTUR DISTRICT, GUNTUR. ...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 Issue a Writ of Mandamus or any other appropriate writ, order, or direction declaring the action of the Respondents, more particularly respondent no.3 to 6 in interfering with my personal liberty by summoning daily to the police stations without there being any crime registered against me as illegal, arbitrary, violative of principles of Natural Justice, violative of Article 14, 21 of the Constitution of India and contrary to the guidelines laid down by the Honble Supreme Court and the procedural safeguards mandated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and consequently direct the Respondents not to summon or call me to the police stations unless a 2 complaint/FIR is registered and due process under law is followed, including compliance with Section 35(3) BNSS, 2023 and pass Counsel for the Petitioner: 1. TURAGA SAI SURYA Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: ORDER: The instant Writ Petition is filed by the Petitioner seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief: “.... to Issue a Writ of Mandamus or any other appropriate writ, order, or direction declaring the action of the Respondents, more particularly respondents 3 to 6 in interfering with personal liberty of the Petitioner by summoning daily to the police station without there being any crime registered against him as illegal, arbitrary, violative of principles of Natural Justice, violative of Article 14, 21 of the Constitution of India and contrary to the guidelines laid down by the Honble Supreme Court and the procedural safeguards mandated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and consequently, direct the Respondents not to summon or call me to the police stations unless a complaint/FIR is registered and due process under law is followed, including compliance with Section 35(3) BNSS, 2023 and pass ...” Sri V.Farooq, learned Assistant Government Pleader for Home, on written instructions dated 10.09.2025, would submit that no case is registered against the Petitioner and the respondent Police neither summoned nor called him to the Police Station at any point of time and that this Court may pass appropriate orders by disposing of this Writ Petition. Learned counsel for the petitioner would submit that recording the said submission, this Writ Petition may be disposed of. 3 Accordingly, this Writ Petition is disposed of. Respondent Police are directed not to call the Petitioner to the Police Station except following due process of law. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 24041 of 2025 12.09.2025 Mjl /*