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2025 DAILYLAW 40504 (AP)

Shaik Humayun, v. The State of Andhra Pradesh,

WP/30732/2025 · 2025-11-09

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010595492025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 30732/2025 Between: 1. SHAIK HUMAYUN,, S/O SHAIK ASHRAF ALL, PROJECT MANAGER,VASISHTA CONSTRUCTIONS, R/O- D.NO. 16 A-10-10, OPPOSITE KALIKA DEVI TEMPLE, TANGELLAMUDI, YADAV NAGAR, ELURU DISTRICT, ANDHRA PRADESH-534005 2. M/S VASISHTA CONSTRUCTION PVT.LTD.,, D.N0.2-56/12/2/B, PLOT NO.2, KHANAMET, MADHAPUR, HYDERABAD-500081, TELANGANA. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, A.P.STATE SECRETARIAT, VELAGAPUDI GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE, A.P.POLICE HEADQUARTERS, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH. 3. THE SUPERINTENDENT OF POLICE, SP OFFICE, ELURU, ANDHRA PRADESH 4. THE DEPUTY SUPERINTENDENT OF POLICE, 27-21-46, ST XAVIERS SCHOOL RD, APHB COLONY, SANTHI NAGAR, ELURU, ANDHRA PRADESH 534007. 5. THE STATION HOUSE OFFICERCUM SUBINSPECTOR OF POLICE, MUDINEPALLI POLICE STATION, MUDINEPALLI MANDAL, ELURU 2 DISTRICT ANDHRA PRADESH. ...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 order or direction more particularly one in the nature of a Writ of Mandamus to direct the Respondents specifically Respondent No. 3, Respondent No 4 and Respondent No.5 to not to harass or threaten the Petitioners herein constantly by calling them to the police station in the guise of investigation in connection with Crime in FIR No 160/2025 on the file of the Mudinepalli police station of Eluru District without following the due process of law as it would grossly hamper their day-to-day business activities as any contrary would be violative of the Article 19 (1 )( g) and Article 21 of the Constitution of India and Principles of Natural Justice and to pass Counsel for the Petitioner(S): 1. UMESH CHANDRA P V G Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 30732 of 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue a writ order or direction more particularly one in the nature of a Writ of Mandamus to direct the Respondents specifically Respondent No. 3, Respondent No 4 and Respondent No.5 to not to harass or threaten the Petitioners herein constantly by calling them to the police station in the guise of investigation in connection with Crime in FIR No 160/2025 on the file of the Mudinepalli police station of Eluru District without following the due process of law as it would grossly hamper their day-to-day business activities as any contrary would be violative of the Article 19 (1 )(g) and Article 21 of the Constitution of India and Principles of Natural Justice and to pass.…” 2. Heard Sri Umesh Chandra P.V.G, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home for the official respondents. 3. Learned counsel for the petitioner would submit that the police are calling the petitioner to the police station under the guise of investigation and harassing him. 4. Learned Assistant Government Pleader for Home for the respondents, on written instructions, would submit that the police have addressed a letter to the petitioner seeking some information from the petitioner regarding the Cr.No.160 of 2025 registered under Section 105 of BNS of Mudinepalli Police Station. But the petitioner did not turn up and filed the present Writ Petition. 4 5. Considering the submissions, this Writ Petition is disposed of. However, the police are directed to follow the due process of law regarding the Cr.No.160 of 2025 registered under Section 105 of BNS of Mudinepalli Police Station. The petitioner is also directed to co-operate with the investigation. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 10.11.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.30732 of 2025 Dated.10.11.2025 UPS 197