M/s.Sri Venkata Sai Filling Station, v. THE ASSISTANT COMMISSIONER(ST)
WP/2114/2025 · 2025-02-04
Harinath N, R Raghunandan Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 43186 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 43186 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) THURSDAY, THE SEVENTH DAY OF AUGUST, V ‘"s'*" >■* TWO THOUSAND AND TWENTY FIVE :PRESENT:
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21114 OF 2025 Between:
1. Barla @ Amjuri Joshna, D/o Veera Venkata Satyanarayana, Aged 25 years, R/o D.No. 28-2-14/a, Raja Kota, Ramachandrapuram East Godavari, Andhra Pradesh. 2. Barla Lokeswara Rao, S/o Chinna Satyanarayana, Aged 30 years, R/o D.No.7-86, Bangaramma Peta, Polavaram, West Godavari, Andhra Pradesh. 3. Ujuri Srinivas, S/o Chinna Veerraju, Aged 48 years, R/o D.No. 70-3- 48/a, Vidyanagar road-1, Ramanayyapeta, Kakinada District-533005 . 4. Ujjuri Srinuvasa @ Chinababu, S/o Ujjuri Veerraju, Aged 51 years, R/o D.No. 28-2-14, Kotipalli Road, Ramachandrapuram East Godavari, Andhra Pradesh. 5. Akula Ramesh Babu, S/o China Venkata Rao, Aged 52 years, R/o D.No. 27-14-6, Kappala Vari Street, Tanuku, West Godavari, Andhra Pradesh. 6. Akula Sri Haritha, W/o Ramesh Babu, Aged 50 years, R/o D.No. 27-14- 6, Kappala Vari Street, Tanuku, West Godavari District, Andhra Pradesh. Petitioners AND
1. The State of Andhra Pradesh, Represented by its Principal Secretary, Department of Home Affairs, Velagapudi Village, Amaravathi. 2. The Superintendent of Police, Kakinada District. 3. The Station House Officer, Sarpavaram Police Station, Kakinada District. 4. Vendra Neeraja, D/o Madhusudhan Rao, Aged 27 years, R/o D.No.70- 15-39/3A, Suresh Nagar, Kakinada Urban, Kakinada District, Andhra Pradesh. Respondents Petition under Article 226 of the Constitution of India, is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to grant an order, direction or writ, more so in the nature of Writ of Mandamus, declaring the high-handed action of the 3'"^ Respondent in interfering with the petitioners by repeatedly summoning them to the police station under the guise of investigation in FIR No.323 of 2025, without their being named as accused, as illegal, arbitrary, high-handed, and violative of the fundamental rights guaranteed to the petitioners under Articles 14, 21 of the Constitution of India, with a consequential direction to the Respondents to not threaten and interfere with the petitioners by calling them to the Police Station except in accordance with law. lA NO: 1 OF 2025 Petition under Section 151 CPC.
is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents No.2 and 3 to not to call the petitioners to the police station under the guise of investigation, except in accordance with law. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri. ARUN SHOWRI G Advocate for the Petitioners and of GP FOR HOME, for the Respondent Nos. 1 to 3; The Court made the following ORDER:
Learned counsel for the Petitioners would submit that Petitioners are the relatives of Accused No.1 in Crime No.323 of 2025 on the
the file of Sarpavaram Police Station, Kakinada, which is registered for the offences under Sections 69, 318(2) read with 3(5) of BNS. Learned counsel would further submit that the Petitioners are being called repeatedly to the Police Station in connection with the said Crime. It is further submitted that the alleged offences are not applicable to the Petitioners even as per the contents of the complaint. At request of learned Asst.Government Pleader for Home for getting instructions, list the matter on 11.08.2025. Meanwhile, Respondents - Police are directed not to take any coercive steps against the Petitioners in connection with the above crime. assistant SECTIO //TRUE COPY// R a To,
1. The Principal Secretary, Department of Home Affairs, The State of Andhra Pradesh, Velagapudi Village, Amaravathi. (by SPECIAL MESSENGER)
2. The Superintendent of Police, Kakinada District.
3. The Station House Officer, Sarpavaram Police Station, Kakinada District.
4. Vendra Neeraja, D/o Madhusudhan Rao, Aged 27 years, R/o D.No.70- 15-39/3A, Suresh Nagar, Kakinada Urban, Kakinada District, Andhra Pradesh. (Addressee Nos. 2to 4 BY RPAD)
5. One CC to Sri. ARUN SHOWRI G, Advocate [OPUC]
6. Two CCs to GP FOR HOME, High Court Of Andhra Pradesh. [OUT]
7. One spare copy JSS
HIGH COURT DR.VJP, J DATED:07/08/2025 LIST THE MATTER ON 11.08.2025.
ORDER WP.No.21114 of 2025 'S® ® C5 o c:> DIRECTION