Dr.VJP,J W.P.No.31535 of 2025 APHC010610942025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 31535 OF 2025 Between: 1. GOLLA LAKSHMI NARAYANA, , Aged 61 years, S/o. G. Krishnaji, H.No. 16-74, Near Basavanna Temple, Rojakunta Street, Nandyal, Nandyal District. 2. Golla Venkata Lakshmi, Aged 50 years, W/o. G. Lakshmi Narayana, H.No. 16-74, Near Basavanna Temple, Rojakunta Street,Nandyal, Nandyal District. ...Petitioners AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary, Department of Home, Secretariat Buildings, Velagapudi. Guntur District, Amaravathi. 2. The Superintendent of Police, NandyafNandyal District. 3. The Deputy Superintendent of Police, NandyafNandyal District. 4. The Station House Officer, Nandyal II Town PS, Nandyal District. ...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 toleased to issue a Writ of Mandamus Declaring the actions of the Dr.VJP,J W.P.No.31535 of 2025 4TH Respondent in summoning, pressuring, and harassing the petitioners to appear before the police station in connection with FIR.No.216/2024 dated 25.12.2024 registered at Nandyal II Town Police Station, Nandyal District, under Sections 419,420,467,468,471, and 120(B) r/w 34 of the Indian Penal Code, despite the petitioners not being named as accused therein and no cognizable offence being disclosed against them, as illegal, arbitrary, high- handed, mala-fide, without jurisdiction, violative ofthe principles of natural justice, and infringing upon the fundamental rights guaranteed under Articles 14, 19, and 21 of the Constitution of India and Consequently, directing the respondents, particularly Respondent No. 4, not to interfere with the life, liberty, personal dignity of the petitioners in any manner whatsoever in relation to the aforesaid FIR No. 216/2024, without following due process of law, without any prima facie evidence of the petitioners involvement in the alleged offences, and without adhering to the mandatory guidelines laid down by the Honble Supreme Court regarding arrests and investigations in civil disputes masquerading as criminal matters And direct the 4TH Respondent to refrain from any coercive actions, including arrest, detention, unless and until a specific charge or allegation is framed against them supported by credible evidence, and to ensure that any future proceedings, if warranted, are conducted strictly in accordance with law, including issuance of notice under Section 41A of the Code of Criminal Procedure, 1973, where applicable and Pass Counsel for the Petitioners: THATHIREDDY ASHOK SRIVASTAVA Counsel for the Respondents: GP FOR HOME Dr.VJP,J W.P.No.31535 of 2025 The Court made the following ORDER: 1. This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: <…to issue a Writ of Mandamus Declaring the actions of the 4TH Respondent in summoning, pressuring, and harassing the petitioners to appear before the police station in connection with FIR.No.216/2024 dated 25.12.2024 registered at Nandyal II Town Police Station, Nandyal District, under Sections 419,420,467,468,471, and 120(B) r/w 34 of the Indian Penal Code, despite the petitioners not being named as accused therein and no cognizable offence being disclosed against them, as illegal, arbitrary, high-handed, mala-fide, without jurisdiction, violative ofthe principles of natural justice, and infringing upon the fundamental rights guaranteed under Articles 14, 19, and 21 of the Constitution of India and Consequently, directing the respondents, particularly Respondent No. 4, not to interfere with the life, liberty, personal dignity of the petitioners in any manner whatsoever in relation to the aforesaid FIR No. 216/2024, without following due process of law, without any prima facie evidence of the petitioners involvement in the alleged offences, and without adhering to the mandatory guidelines laid down by the Honble Supreme Court regarding arrests and investigations in civil disputes masquerading as criminal matters And direct the 4TH Respondent to refrain from any coercive actions, including arrest, detention, unless and until a specific charge or allegation is framed against them supported by credible evidence, and to ensure that any future proceedings, if warranted, are conducted strictly in accordance with law, including issuance of notice under Section 41A of the Code of Criminal Procedure, 1973, where applicable..= Dr.VJP,J W.P.No.31535 of 2025 2. Heard Sri T.Ashok Srivastava, learned counsel for petitioners and Sri V.Farook, learned Assistant Government Pleader for Home for respondents.. 3. Learned counsel for petitioners would submit that police are continuously calling the petitioners to the police station in connection with FIR.No.216 of 2024 of Nandyal II Town Police Station, though they were not arrayed as accused. 4. As against that, learned Assistant Government Pleader, on written instructions, would submit that the investigating findings of the police indicated that the petitioners herein could also become accused in the above said crime. Hence, the police are summoning the petitioners to the police station. 5. Recording the same, the writ petition is disposed of. However, police are directed to follow due process of law regarding the crime in which the petitioners were being called to the police station for enquiry and it is made clear that police should call the petitioners to the police station only after issuing notice. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 19.11.2025 Dvs Dr.VJP,J W.P.No.31535 of 2025 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 135 WRIT PETITION NO: 31535 OF 2025 Date: 19.11.2025 Dvs