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2025 DAILYLAW 40002 (AP)

Kolavali Venu Gopal v. The State of Andhra Pradesh

WP/28758/2021 · 2025-10-28

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010461952021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 28758 OF 2021 Between: 1. Kolavali Venu Gopal, S/o. Kolavali Pichaiah, Aged about 391 years, R/o.H.No.4/1-216, Anjaneya Nagar, Badvel, YSR Kadapa District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary,Home Department, A.P Secretariat, Velagapudi, Amravati, Guntur. 2. The Superintendent of Police, Kadapa, YSR Kadapa District. 3. The Station House Officer, U/G Police Station, Badvel,YSR Kadapa District. ...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 pleased to issue a Writ of Mandamus or any other appropriate Writ, Order or direction declaring the action of the 3rd Respondent herein in calling the Petitioner to the Police Station and compelling me to sit for long hours in the Police Station' without there being any registered crime as arbitrary, illegal and unconstitutional and consequently direct the 3rd Respondent to refrain from calling the petitioner to police station without there being any FIR pending against him and pass IA NO: 1 OF 2021 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 3rd Respondent herein not to call the Petitioner to the Police Station and make him sit for long hours without any authority under law Counsel for the Petitioner: S DILIP JAYA RAM Counsel for the Respondents: GP FOR HOME The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 28758OF 2025 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 declaring the action of the 3rd Respondent herein in calling the Petitioner to the Police Station and compelling me to sit for long hours in the Police Station' without there being any registered crime as arbitrary, illegal and unconstitutional and consequently direct the 3rd Respondent to refrain from calling the petitioner to police station without there being any FIR pending against him and pass….” 2. Heard Sri S.Dilip Jaya Ram, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioner submitted that the police are calling the petitioner to the police station and making him to sit for the whole day, without registration of any crime. 4. Learned Assistant Government Pleader for Home would submit that the police received a complaint from the unofficial respondent against the petitioner and registered a case in Cr.No.231 of 2021 for the offences punishable under Sections 341 and 506 IPC at Badvel U/G Police Station, YSR Kadapa District. It is further submitted that the investigation has been completed and a charge sheet has been filed before the Court of the learned Additional Junior Civil Judge, Badvel, which has been taken on file as C.C.No.406 of 2021. 5. Recording the same, the writ petition is disposed of. However, police are directed to follow due process of law regarding the crime which is registered against the petitioner. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. _________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Dated 29.10.2025 KKV THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 28758 OF 2021 Dated 29.10.2025 KKV