APHC010611592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No: 31728/2025 Between: 1. RAVILISETTY VIJAY VENKATESWARA RAO, S/O.RAMANA RAO, AGED ABOUT 46 YEARS OCC-E.PLOYEE R/O.H.NO.4-12-534, STREET NO.6, VANASTHALIPURAM, HYDERABAD, TELANGANA 2. RAVILISETTY RAJASEKHARA RAO, S/O.VENKATA RAO, AGED 79 YEARS, OCC-RETD.GOVT.SERVICE, R/O.H.NO.4-12-534 STREET NO.6, VANASTHALIPURAM HYDERABAD, TELANGANA ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, A.P. SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, PALANADU DISTRICT, NARASARAOPET, AP 3. THE SUB DIVISIONAL POLICE OFFICER, SATTENAPALLI, PALNADU DISTRICT INCHARGE OF NARSARAOPET SUB.DIVISION 4. THE CIRCLE INSPECTOR OF POLICE, NARASARAOPET CIRCLE, NARASARAOPET PALNADU DISTRICT, AP 5. THE STATION HOUSE OFFICER, I-TOWN POLICE STATION, NARASARAOPET PALNADU DISTRICT, AP ...RESPONDENT(S): Counsel for the Petitioner(S): 1. YASWANTH GADE Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: 2 “.... a Writ of Mandamus declaring the action of the respondents 2 to 5 in interfering with petitioners life and liberty and insisting them to appear before the 3rd respondent under the guise of investigation in FIR No.141/2025 on the file of the 5th respondent police station in spite compliance of Sec.35 (3) of BNSS and also insisting to settle the dispute in FIR No.35/2025 on the file of the 5th respondent without any manner of right or authority as highly illegal, arbitrary, violative of Art.14, 19 and 21 of the Constitution of India and consequently transfer the investigation in FIR No. 141/2025 on the file of 5th respondent police station to any other police station except other than the local limits of Narsaraopeta and Sattenapalli police station.” 2. Heard Sri P.Chidambaram, learned Senior Counsel assisted by Sri Yaswanth Gade, learned counsel for the Petitioners and Sri V.Farooq, learned Assistant Government Pleader for Home. 3. Learned Senior Counsel for the Petitioners would submit that on receipt of notice from the Police, the Petitioners have appeared before the person, who is conducting investigation in this matter, however, time and again they are calling the Petitioners to the Police Station. Learned Senior Counsel would further submit that the Petitioners are the residents of Hyderabad. It is also brought to the notice of this Court that, series of writ petitions have been filed in this regard. It is further submitted that, in fact, it is a matrimonial dispute between the brother of the 1st Petitioner and his wife and they stay in USA. It is submitted that the family of the sister-in-law lodged several cases against the family members of the Petitioners. 4. Learned Assistant Government Pleader for Home, on written instructions, would submit that relating to Crime No.141 of 2025 the Petitioners were served with notice under sections 35(3) of BNSS on 15.09.2025. It is further submitted that the Police never insisted the Petitioners to settle the dispute in Crime No.35 of 2025 on the file of I Town Police 3 Station, Narasaraopet, Palnadu District. It is further submitted that, in the light of the conditions in the notice under Section 35(3) of BNSS Police have called the Petitioner to appear before the Investigating Officer, but they did not turn up. 5. Considering the submissions made, the Writ Petition is disposed of directing Respondent No.2 to entrust the investigation relating to Crime No.141 of 2025 on the file of I Town Police Station, Narasaraopet, Palnadu District to any other Sub Divisional Police Officer, to conduct a fair and proper investigation, conclude the investigation and file a report in accordance with law. As the notice under Section 35(3) BNSS has already been issued, it goes without saying that the Police shall not take any coercive steps against the Petitioners. 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 Date:18.11.2025 Dinesh 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.31728 of 2025 Dt.18.11.2025 Dinesh