APHC010606592025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 31555 OF 2025 Between: 1. ALURU KOTESHWARA RAO, S/o. Alum Venkateshwarlu, Aged 38 yrs, Occ Asst. Grade II (Depot) Food Corporation, R/o. D.No. 28/1A Brindavan Apartments Back Side, 3rd Street, 4th Mile, Navalak Gardens, Mypadu Road, Nellore, SPSR Nellore District. 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Home Department, Secretariat Buildings, Amaravathi at Velagapudi, Guntur District. 2. The Director General of Police, State of Guntur District. 3. The Superintendent of Police, Tirupati, Tirupati District. 4. The Circle Inspector of Police, Venkatagiri Police Station, Tirupati District. 5. The SubInspector of Police, Venkatagiri Police Station, Tiru 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 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA PETITION NO: 31555 OF 2025 1. ALURU KOTESHWARA RAO, S/o. Alum Venkateshwarlu, Aged 38 yrs, Occ Asst. Grade II (Depot) Food Corporation, R/o. D.No. 28/1A Brindavan Apartments Back Side, 3rd Street, 4th Mile, Navalak Gardens, ad, Nellore, SPSR Nellore District. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Home Department, Secretariat Buildings, Amaravathi at Velagapudi, Guntur 2. The Director General of Police, State of Andhra Pradesh, Mangalagiri, 3. The Superintendent of Police, Tirupati, Tirupati District. 4. The Circle Inspector of Police, Venkatagiri Police Station, Tirupati District. 5. The SubInspector of Police, Venkatagiri Police Station, Tirupati 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 IN THE HIGH COURT OF ANDHRA PRADESH THE SEVENTEENTH DAY OF NOVEMBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. ALURU KOTESHWARA RAO, S/o. Alum Venkateshwarlu, Aged 38 yrs, Occ Asst. Grade II (Depot) Food Corporation, R/o. D.No. 28/1A-6-85/21, Brindavan Apartments Back Side, 3rd Street, 4th Mile, Navalak Gardens, ...Petitioner 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Home Department, Secretariat Buildings, Amaravathi at Velagapudi, Guntur Andhra Pradesh, Mangalagiri, 4. The Circle Inspector of Police, Venkatagiri Police Station, Tirupati District. pati 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 writ order or direction more particularly one in the nature of Writ of Mandamus under Article 226 of the constitution of India by declaring the action of the respondents No. 4 and 5 viz., C.I. of Police and S.I. of Police, Venkatagiri Police Station, Tirupati District in detaining the petitioner and his wife viz., Vanitha at Venkatagiri Police Station on 08.11.2025 and 09.11.2025 and forcing them to sign on an undertaking/acceptance letter by accepting to clear the debts of the father of the petitioner and further threatening the petitioner and his wife that they will send them to jail if they refuse to sign on undertaking/acceptance letter as illegal, arbitrary and unconstitutional and consequently direct the 3rd Respondent viz.. Superintendent of Police, Tirupati District to conduct an enquiry about the illegal and high handed action of respondents No. 4 and 5 viz., C.I. of Police and S.I. of Police, Venkatagiri Police Station, Tirupati District 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 respondent No. 4 & 5 viz., C.I. of Police & S.I. of Police of Venkatagiri Police Station not to force the petitioner and his wife viz., Vanitha to come to Venkatagiri Police Station to execute any undertaking/acceptance letters for clearing the debts of petitioner’s father and to pass Counsel for the Petitioner: D PURNACHANDRA REDDY Counsel for the Respondents: GP FOR HOME The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 31555 OF 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “…..pleased to issue writ order or direction more particularly one in the nature of Writ of Mandamus under Article 226 of the constitution of India by declaring the action of the respondents No. 4 and 5 viz., C.I. of Police and S.I. of Police, Venkatagiri Police Station, Tirupati District in detaining the petitioner and his wife viz., Vanitha at Venkatagiri Police Station on 08.11.2025 and 09.11.2025 and forcing them to sign on an undertaking/acceptance letter by accepting to clear the debts of the father of the petitioner and further threatening the petitioner and his wife that they will send them to jail if they refuse to sign on undertaking/acceptance letter as illegal, arbitrary and unconstitutional and consequently direct the 3rd Respondent viz.. Superintendent of Police, Tirupati District to conduct an enquiry about the illegal and high handed action of respondents No. 4 and 5 viz., C.I. of Police and S.I. of Police, Venkatagiri Police Station, Tirupati District and pass……” 2. Sri D.Purna Chandra Reddy, learned counsel for the petitioner and learned Assistant Government Pleader for Home. 3. Learned Assistant Government Pleader, on written instructions, would submit that the police are not calling the petitioner to the police station and have never forced him to sign any undertaking letter to pay the debts of his father. 4. Learned counsel for the petitioner would submit that, recording the above submission, the writ petition may be disposed of. 5. Considering the submissions, the writ petition is accordingly disposed of. However, the police are directed to follow due process of law in relation to the crime registered against the petitioner/Accused No.4 in Cr.No.158 of 2025 for the offences punishable under Sections 316(2), 318(4), 351(2) r/w 3(5) of the BNS of Venkatagiri Police Station, Tirupathi, for securing the presence of the petitioner before the Investigating Officer who is conducting the investigation in the said matter. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 17.11.2025 KKV THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 64 WRIT PETITION NO: 31555 of 2025 Dt.17.11.2025 KKV