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2025 DAILYLAW 41672 (AP)

CHINDIRI ASHOK KUMAR v. THE STATE OF AP

WP/31671/2025 · 2025-11-19

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010609802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 31674/2025 Between: 1. MAHABOOB VALLI, S/O. LATE PEDDAKHASIM, AGED ABOUT 55 YEARS, OCC SHEPHERD, R/O.15/188, CHINTALAMADUGUPALLI, VEMPALLE, YSR KADAPA DISTRICT 2. SAYYAD AKBAR, S/O.MAHABOOB VALLI, AGED ABOUT 17 YEARS. MINOR, R/O.15/188, CHINTALAMADUGUPALLI, VEMPALLE, YSR KADAPA DISTRICT.REPRESENTED BY HIS FATHER AND NATURAL GUARDIAN, NO.1 ABOVE. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, SECRETARIAT,VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, YSR KADAPA DISTRICT, ANDHRA PRADESH. 3. THE DEPUTY SUPERINTENDENT OF POLICE, PULIVENDULA, YSR KADAPA DISTRICT. 4. THE STATION HOUSE OFFICER, VEMPALLI POLICE STATION, YSR KADAPA DISTRICT. ...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 an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in summoning and harassing the 2nd petitioner minor boy aged 17 years, as illegal, arbitrary and violative of Articles 14, 21 of the Constitution of India and contrary to the Juvenile Justice (Care and Protection of Children) Act, 2015 and consequently direct the respondents, particularly the 4th respondent, not to summon, harass, threaten, detain or take any coercive steps either against the 2nd petitioner minor, or the 1st petitioner father, in connection with any alleged crime and further direct the 4th respondent to forthwith release the motorcycle of the 1st petitioner, i.e., TVS XL 100 CC (Winner) Reg. No. 2 AP40 AL 3260, Blue colour, which is presently detained at Vempalli Police Station without authority of law Counsel for the Petitioner(S): 1. MUJTAHID HUSSAIN Counsel for the Respondent(S): 1. GP FOR HOME 3 The Court made the following: ORDER: This Writ Petition under Article 226 of the Constitution of India, has been filed, by the Petitioners for the following relief: “ .... to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in summoning and harassing the 2nd petitioner minor boy aged 17 years, as illegal, arbitrary and violative of Articles 14, 21 of the Constitution of India and contrary to the Juvenile Justice (Care and Protection of Children) Act, 2015 and consequently, direct the respondents, particularly the 4th respondent, not to summon, harass, threaten, detain or take any coercive steps either against the 2nd petitioner minor, or the 1st petitioner father, in connection with any alleged crime and further direct the 4th respondent to forthwith release the motorcycle of the 1st petitioner, i.e., TVS XL 100 CC (Winner) Reg. No.AP40 AL 3260, Blue color, which is presently detained at Vempalli Police Station without authority of law...” Heard learned counsel for the Petitioners and Learned Assistant Government Pleader for Home representing for respondent State. Perused the material on record. Learned Assistant Government Pleader placed on record, the written instructions and would submit that respondent Police called respondent No.1 and enquired about he identified subject motor cycle and the subject vehicle is returned to him and his statement is recorded and requested to dispose of the Writ Petition by passing appropriate orders. Learned counsel for the Petitioners would submit that recording the said submission, this Writ Petition may be disposed of. In that view, this Writ Petition is disposed of. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* Dinesh