Extracted from the PDF above. The PDF is authoritative.
APHC010496432025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26145/2025 Between:
1. SRI GALI VINAY NAIDU, S/O. GALI JAGANNADHAM NAIDU. AGED 37 YEARS, OCC BUSINESS, R/O. FLAT NO502, NMR DIYA RESIDENY,
VINAYAK NAGR, NEW HAFEEZPET, SERLINGAMPALLY, MIYAPUR, HYDERABAD, TELANGANA-500049
...PETITIONER AND
1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI.
2. THE DIRECTOR GENERAL OF POLICE ANDHRA PRADESH, MANGALAGIRI.
3. THE SUPERINTENDENT OF POLICE, TIRUPATI DISTRICT.
4. THE DEPUTY SUPERINTENDENT OF POLICE, EAST ZONE. TIRUPATI
5. THE STATION HOUSE OFFICER, TIRUPATI EAST POLICE STATION, TIRUPATI.
6. SRI CHAPPIDI MAHESHWAR NAIDU, S/O. C RAJA NADU AGED 48 YEARS, OCC BUSINESS R/O. PLOT NO 505, DREAM AVENUE APARTMENT, KENEDY NAGAR, TIRUPATHI TOWN, TIRUPATHI, ANDHRA PRADESH
...RESPONDENT(S):
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 topleased to ISSUE an order or orders or direction or an appropriate writ more particularly one in nature of Writ of Mandamus, declaring the actions of the Respondent No.4 and 5 in illegally detaining the Petitioner, coercing him to sign documents, and unlawfully handing over his mobile phone to the Respondent No.6 without complying the orders dt 30-08-2025 passed in Crl.P.No.8905 of 2025 and 8923 of 2025, as illegal, arbitrary and unconstitutional, consequently Respondents.no.2 and 3 to provide protection to the petitioner and his father and also direct the respondents.no.2 to 5 not to take any coercive steps against the petitioner and his father in relation to Crime No.398/2025 of Tirupati East Police Station 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 to not to take any coercive steps or high handed actions against the petitioner without following due process of law and pass Counsel for the Petitioner:
1. CHALLA AJAY KUMAR Counsel for the Respondent(S):
1. GP FOR HOME The Court made the following:
3
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26145/2025
ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“…to issue an order or orders or direction or an appropriate writ more particularly one in nature of Writ of Mandamus, declaring the actions of the Respondent No.4 and 5 in illegally detaining the Petitioner, coercing him to sign documents, and unlawfully handing over his mobile phone to the Respondent No.6 without complying the orders dt.30.08.2025 passed in Crl.P.No.8905 of 2025 and 8923 of 2025, as illegal, arbitrary and unconstitutional, consequently Respondents no.2 and 3 to provide protection to the petitioner and his father and also direct the respondents no.2 to 5 not to take any coercive steps against the petitioner and his father in relation to Crime No.398/2025 of Tirupati East Police Station…”
2. Heard Sri Challa Ajay Kumar, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home.
3.
Learned counsel for the petitioner would submit that a crime has been registered against the petitioner in Crime No.398 of 2025 for the offence under Sections 318(4), 336(3), 340(2), 351(2) r/w 3(5) of BNS. As directed by this Court by order dated 30.08.2025 in Crl.P.No.8905 of 2025, the Police have issued notice under Section 35(3) of BNSS. Even thereafter, the Police are informally calling the petitioner to the Police Station and insisting him to settle the matter with the de-facto complainant.
4. Learned Assistant Government Pleader for Home would submit that Court may pass appropriate orders.
4
5. Considering the submissions made, the Writ Petition is disposed of. However, the Police are directed to follow due process of law regarding the crime, which is registered against the petitioner in Crime No.398 of 2025. The Police are further directed not to call the petitioner to the Police Station in an informal way under the guise of the crime. No costs.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________
Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 24.09.2025 JLV
5
32
HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.26145 of 2025
Dated: 24.09.2025
JLV