APHC010580092025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY,THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 29782 OF 2025 Between: 1. B UDAY KUMAR, S/o. B. Sai Prasad, aged about 23 years. Occupation Internship at Software Company, residing at D. No. 76/106/A/10/1, Guru Raghavendra Nagar, Ballari Road, Kurnool City 1. THE STATE OF AP, Rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravati. 2. The Director General of Police, State of Andhra Pradesh, Mangalagiri. 3. The Superintendent of Police, Kurnool District, Andhra Pradesh. 4. The Station House Officer, Kurnool II Town Police Station, Kurnool District. 5. R Giri Prathap, S/o Not known, R/o Door No. 43/75B, 1st Floor, NR Peta, Kurnool City and District. Petition under Article 226 of the Constitution of India praying that circumstances stated in the affidavit filed therewith, the High Court may be pleased to pleased to issue a Writ, Order or Direction, more particularly in the nature of Mandamus, declaring the illegal detention and coercive actions of 1 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 PETITION NO: 29782 OF 2025 1. B UDAY KUMAR, S/o. B. Sai Prasad, aged about 23 years. Occupation Internship at Software Company, residing at D. No. 76/106/A/10/1, Guru Raghavendra Nagar, Ballari Road, Kurnool City - 518003, ...Petitioner AND THE STATE OF AP, Rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravati. 2. The Director General of Police, State of Andhra Pradesh, Mangalagiri. 3. The Superintendent of Police, Kurnool District, Andhra Pradesh. ion House Officer, Kurnool II Town Police Station, Kurnool District. 5. R Giri Prathap, S/o Not known, R/o Door No. 43/75B, 1st Floor, NR Peta, ...Respondents Petition under Article 226 of the Constitution of India praying that circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction, more particularly in the nature of Mandamus, declaring the illegal detention and coercive actions of IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY,THE TWENTY NINETH DAY OF OCTOBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. B UDAY KUMAR, S/o. B. Sai Prasad, aged about 23 years. Occupation Internship at Software Company, residing at D. No. 76/106/A/10/1, Guru ...Petitioner THE STATE OF AP, Rep. by its Principal Secretary, Home Department, 2. The Director General of Police, State of Andhra Pradesh, Mangalagiri. ion House Officer, Kurnool II Town Police Station, Kurnool District. 5. R Giri Prathap, S/o Not known, R/o Door No. 43/75B, 1st Floor, NR Peta, ...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 issue a Writ, Order or Direction, more particularly in the nature of Mandamus, declaring the illegal detention and coercive actions of 2 the police officials of Kurnool II Town Police Station against the Petitioners father, Sri B. Sai Prasad, as arbitrary, unreasonable and violation of Article 21 of the Constitution of India and consequently direct the Respondent No.2 to consider the representation/complaint dated 28.10.2025 which is filed for not to call or summon the Petitioner or his family members to the Police Station or before the police authorities except by strictly following due process of law and the statutory safeguards under the BNSS, 2023 and further direct the Respondents to provide necessary police protection to the Petitioner and his father from any further threats, harassment or criminal intimidation by Respondent No. 5 and his associates and to immediately trace and secure the safety and liberty of Kum. R. Gayatrhi Hasya and produce her before the competent jurisdictional Judicial Magistrate to record her voluntary statement 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 to direct the Respondents not to call, summon, detain, or interfere in the personal life and liberty of the Petitioner and his family members, including his father Sri B. Sai Prasad, except strictly by following due process of law and statutory safeguards under the BNSS, 2023; further direct the Respondents to provide immediate police protection to the Petitioner and his father from threats, harassment, and criminal intimidation by Respondent No. 5 and his associates; and to forthwith take necessary steps to trace Kum. R. Gayatrhi Hasya and produce her before the competent jurisdictional Judicial Magistrate to ascertain her free will and safety, pending disposal of the Writ Petition; and pass Counsel for the Petitioner: PATHI SIVA PRASAD Counsel for the Respondents: GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 29782 OF 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue a Writ, Order or Direction, more particularly in the nature of Mandamus, declaring the illegal detention and coercive actions of the police officials of Kurnool II Town Police Station against the Petitioners father, Sri B. Sai Prasad, as arbitrary, unreasonable and violation of Article 21 of the Constitution of India and consequently direct the Respondent No.2 to consider the representation/complaint dated 28.10.2025 which is filed for not to call or summon the Petitioner or his family members to the Police Station or before the police authorities except by strictly following due process of law and the statutory safeguards under the BNSS, 2023 and further direct the Respondents to provide necessary police protection to the Petitioner and his father from any further threats, harassment or criminal intimidation by Respondent No. 5 and his associates and to immediately trace and secure the safety and liberty of Kum. R. Gayatrhi Hasya and produce her before the competent jurisdictional Judicial Magistrate to record her voluntary statement and pas….” 2. Heard Sri Pathi Siva Prasad, 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 and his family members to the police station and making him to sit for the whole day, without registration of any crime. 4. The learned Assistant Government Pleader for Home would submit that police have received a complaint from the unofficial respondent against the petitioner in this matter and they may be registered the case today against the petitioner. 4 5. Recording the same, the writ petition is disposed of. However, police are directed to follow due process of law, in case any crime 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 5 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 49 WRIT PETITION NO: 29782 OF 2025 Dated 29.10.2025 KKV