APHC010655382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 34000/2025 Between: 1. NETHI MAHESWARA RAO,, S/O KOTAIAH, AGED 46 YEARS, OC AGRICULTURE,R/O KUNIPALEM VILLAGE, KANDUKUR MANDAL, SRI POTTI SRIRAMULU NELLORE DISTRICT, ANDHRA PRADESH - 524203. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMERIT, A.P SECRETARIAT OFFICE, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DIRECTOR GENERAL OF POLICE, , MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH. 3. THE SUPERINTENDENT OF POLICE, SRI POTTI SRIRAMULU NELLORE DISTRICT, ANDHRA PRADESH. 4. THE STATION HOUSE OFFICER, ULAVAPADU POLICE STATION, ULAVAPADU MANDAL, SRI POTTI SRIRAMULU NELLORE DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. JADA SRAVAN KUMAR Counsel for the Respondent(S): 2 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 34000 of 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “…to issue an appropriate Writ, Order or Direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of the Respondents, particularly Respondent No.4- the Station House Officer, Ulavapadu Police Station - in frequently, informally, and orally summoning and calling the petitioner, Nethi Maheswara Rao (Accused No. 19 in FIR No. 87/2025), to the Police Station without issuing any written notice or following the mandatory statutory procedure prescribed under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), as illegal, arbitrary, unconstitutional, and violative of the principles of natural justice and the fundamental rights guaranteed under Articles 14, 19, and 21 of the Constitution of India and consequently direct the Respondent Police Authorities not to summon, call, harass, coerce, or require the petitioner to attend the Police Station unnecessarily or without adherence to due process of law as mandated under the relevant statutory provisions.…” 2. Heard Sri Jada Sravan Kumar, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioner would submit that the grievance of the petitioner is that the police are repeatedly calling the petitioner to the police station without any valid reason and harassing the petitioner with the regard to the Cr.No.87 of 2025 of Ulavapadu Police Station. 4. Learned Assistant Government Pleader for Home, on written instructions would submit that the petitioner herein is the accused in Cr.No.87 4 of 2025 of Ulavapadu Police Station. He would further submit that the petitioner was called to the police station only once for verification and compliance as part of routine preventive monitoring which is permissible under law. Section 170 of BNSS empowers the police to monitor individuals bound over in preventive proceedings. 5. Recording the above said submissions, this Writ Petition is disposed of. However, the police are directed to follow the due process of law to secure the presence of the petitioner, if so advised. 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: 08.12.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.34000 of 2025 Dated.08.12.2025 UPS 255