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2025 DAILYLAW 41577 (AP)

ADDALA DORABABU v. THE STATE OF AP

WP/29929/2025 · 2025-10-29

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010580332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 29929/2025 Between: 1. ADDALA DORABABU, S/O. VENKATESWAR RAO, AGE 36 YEARS, OCCU AGRICULTURE, R/O. 4-31, PATHRU ROAD, GADALA, KORUKONDA, EAST GODAVARI DISTRICT. 2. TORAM SURESH KUMAR,, S/O. SURYANARAYANA, AGE 43 YEARS, OCCU PRIVATE EMPLOYEE, R/O. GADALA VILLAGE, KORUKONDA, EAST GODAVARI DISTRICT. 3. MADARAPU SRINIVAS, , S/O. SURYA RAO, AGE 46 YEARS, OCCU AGRICULTURE COOLIE, R/O. GADALA VILLAGE, KORUKONDA, EAST GODAVARI DISTRICT. 4. GANGISETTI SRI MANIKANTA,, S/O. GAVVARAJU AGE 37 YEARS, OCCU PRIVATE EMPLOYEE, R/O. 1-61, MAIN ROAD, GADALA VILLAGE, KORUKONDA, EAST GODAVARI DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DIRECTOR GENERAL OF POLICE, MANGALAGIRI, GUNTUR DISTRICT. 3. THE DEPUTY SUPERINTENDENT OF POLICE, EAST GODAVARI DISTRICT, ANDHRA PRADESH. 4. THE STATION HOUSE OFFICER, KORUKONDA POLICE STATION, EAST GODAVARI DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. BASIREDDY GARI SOMANATHESWARA REDDY Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 2 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... a Writ of Mandamus declaring the action of the respondent police in summoning, threatening, arid attempting to arrest the petitioners in connection with Crime No. 206 of 2025 of Korukonda Police Station, East Godavari District, though their names are not found in the FIR, as illegal, arbitrary, and violative of Articles 14 and 21 of the Constitution of India and contrary to the provisions of the BNSS, 2023 and consequently direct the respondents not to summon, harass, or arrest the petitioners except in strict compliance with the procedure contemplated under the Bharatiya Nagarik Suraksha Sanhita, 2023, and only after issuance of notice under the relevant provisions thereof and to pass such other and further orders as this Honble Court may deem fit and proper in the circumstances of the case.” 2. Heard Sri Basireddy Gari Somanatheswara Reddy, learned counsel for the Petitioners and Sri V.Farooq, learned Assistant Government Pleader for Home. 3. Learned counsel for the Petitioners would submit that the names of the Petitioners are not referred in Crime No.206 of 2025 of Korukonda Police Station, East Godavari District, which is registered for the offences under Sections 126(2), 127(2), 324(2), 308(4), 115(2) and 109(1) read with 3(5) of BNS and Sections 3(1)(r)(s) and 3(2) (va) of SCs & STs (PoA) Act. 4. Learned Assistant Government Pleader seeks time to get instructions in this matter. 5. Considering the submissions, since the FIR is not be all and end all, simply because the names of the Petitioners are not referred to in the FIR, the same is not a ground to give any direction to the Police not to arrest the Petitioners. 3 6. In that view, the Writ Petition is disposed of. However, Police are directed to follow due process of law regarding Crime No.206 of 2025 of Korukonda Police Station, East Godavari District. 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:30.10.2025 Dinesh 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.29929 of 2025 Dt.30.10.2025 Dinesh