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2025 DAILYLAW 42317 (AP)

PUNYALA SAMBA SIVA REDDY v. THE STATE OF ANDHRA PRADESH

WP/20296/2024 · 2025-12-19

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010400312024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SATURDAY,THE TWENTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20296 OF 2024 Between: 1. PUNYALA SAMBA SIVA REDDY, S/o ChinnaPenta Reddy, aged- 45 Years, R/o Konanki village, Piduguralla Mandal, Palnadu District, Andhra Pradesh. ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Represented by its Principle Secretary, Home Department, Secretariat Buildings at Velagapudi, Guntur District, Andhra Pradesh. 2. The Director General of Police, State of Andhra Pradesh, Police Head Quarters, Mangalagiri, Guntur District, Andhra Pradesh. 3. The Superintendent of Police, Palnadu District at Narasaraopeta, Palnadu District, Andhra Pradesh. 4. The Deputy Superintendent of Police, Palnadu District at Guruzala, Palnadu District, Andhra Pradesh 5. The Station House Officer, Piduguralla Police Station, Piduguralla, Palnadu District, Andhra Pradesh. 6. The SubInspector of Police, Piduguralla Police Station, Piduguralla, Palnadu District, Andhra Pradesh. 7. Mr S Venkat Rao, S/o not known to the petitioner, Occ- Inspector of Police, Piduguralla Police Station, Piduguralla, Palnadu District, Andhra Pradesh. 8. Mr M Mohan, S/o not known to the petitioner, Occ- Sub Inspector of Police, Piduguralla Police Station, Piduguralla, Palnadu District, Andhra Pradesh. 9. MrSubba Rao, S/o not known to the petitioner, Occ- Head Constable, Piduguralla Police Station, Piduguralla, Palnadu District, Andhra Pradesh. 10. MrNirikshan, S/o not known to the petitioner, Occ-Home Guard/Driver, Piduguralla Police Station, Piduguralla, Palnadu District, Andhra Pradesh. ...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 tomay be pleased to isssue a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents more particularly respondent No. 5 and 6 in interfering with the personal life and liberty of the petitioner without there being any cause and in demanding the petitioner to compentiate for the death of the death of the deceased SeelamSrinivasa Rao as illegal, arbitrary and also abuse of power consequentially direct the respondents particularly respondent No. 5 to 10 not to interfere with the life and liberty of the petitioner in their official capacity and to pass IA NO: 1 OF 2024 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 may be pleased to direct the respondents particularly respondent No. 5 to 10 not to interfere with the life and liberty of the petitioner in their official capacity pending disposal of the above writ petition and to pass Counsel for the Petitioner: V SAI KUMAR Counsel for the Respondents: GP FOR HOME THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20296 OF 2024 The Court made the following order: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents more particularly respondent No. 5 and 6 in interfering with the personal life and liberty of the petitioner without there being any cause and in demanding the petitioner to compensate for the death of the deceased SeelamSrinivasa Rao as illegal, arbitrary and also abuse of power consequentially direct the respondents particularly respondent No. 5 to 10 not to interfere with the life and liberty of the petitioner in their official capacity and to pass…” 2. HeardV Sai Kumar, learned counsel for the petitioner and Sri P.AjayBabu, learned Assistant Government Pleader for Home. 3. Sri P.AjayBabu, learned Assistant Government Pleader for Home would submit that, basing on the contents of the complaint, a case in Crime No.270 of 2024u/H Man Missing on the file of Piduguralla Police Station on 03.09.2024. The learned Assistant Government Pleader for Home would submit that while the investigation was under progress the dead body of the deceased was found in the PileruVagu and the section of law from Man Missing, altered to 194 BNSS on 05.09.2024. During the course of investigation, PunyalaSambasivareddy @ Samireddy-petitioner herein is the direct witness to the occurrence to collect evidence, so that he was called to the police station and recorded his detailed statement under Section 180 (3) BNSS. The learned Assistant Government Pleader would further submit that except that petitioner never detained in the police station and never demanded him to pay compensation to the deceased family. 4. The learned counsel for the petitioner would submit that, recording the said submissions, the writ petition may be disposed of. 5. Recording the same, the writ petition is disposed of. However, police are directed to follow due process of law to secure the presence of the petitioner during the course of investigation, even as a witness, in the subject crime.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: 20.12.2025 KKV HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA 58 WRIT PETITION NO: 20296 OF 2024 Dated.20.12.2025 KKV HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO: WRIT PETITION NO: 20296 OF 2024 PROCEEDING SHEET Sl. No. Date ORDER OFFICE NOTE 2. 20.12.2025 Dr.VJP,J The Writ Petition is disposed of. (Vide separate order) ________ Dr.VJP, J KKV