APHC010492142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 1 WEDNESDAY,THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE ^ PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA ^ WRIT PETITION NO: 25237 OF 2025 Between: Veeri Chalapathi Rao, S/o. Subrahmanyam, Aged 60 years D.No.1-1612, VCR SEZ City, Mandal, SPSR Nellore District - 524366. R/o North Rajupalem Village, Kodavaluru ...Petitioner AND 1. The State Of Andhra Pradesh, rep.by its.. Principal Secretary, Department of Home Affairs Secretariat, Velagapudi, Amaravathi. 2. The Director General of Police, Andhra Pradesh, DGP Office Police Head Quarters, Mangalagiri, Guntur District. 3. The Superintendent of Police, SPSR Nellore District, Nellore, Andhra Pradesh. / AP 4. The Station House Officer, Kovur Police Station, SPSR Nellore 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 to issue an appropriate writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring inaction of 4th Respondent in acting on representation dt 19.08.2025made through an advocate and further inaction of 4th Respondent in issuing notice under Section 35(3) of BNSS to V r the Petitioner as illegal, arbitrary and Violation of provisions of the BNSS, Art. 14, 19 and 21 of the Constitution of India and consequently direct the 4th Respondent to issue Notice under Section 35(3) of BNSS to the Petitioner. lA NO: 1 OF 2025 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 to direct the 4th Respondent to issue Notice under Section 35(3) of BNSS to / the Petitioner. Counsel for the Petitioner: SRI MALIREDDY GOWTHAM Counsel for the Respondent Nos.1 to 4: GP FOR HOME The Court made the following order: V APHC010492142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SES [3396] WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25237/2025 Between: 1.VEERI CHALAPATHI RAO, S/0. SUBRAHMANYAM, AGED 60 NORTH SPSR R/0 D.NO.1-1612, VCR SEZ CITY, YEARS, RAJUPALEM VILLAGE, KODAVALURU MANDAL, NELLORE DISTRICT - 524366. ...PETITIONER AND 1.THE STATE OF AP, REP.BY ITS.. PRINCIPAL SECRETARY, DEPARTMENT OF HOME AFFAIRS VELAGAPUDI, AMARAVATHI. 2.THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH, AP POLICE HEAD QUARTERS, SECRETARIAT, OFFICE, MANGALAGIRI, GUNTUR DISTRICT. 3.THE SUPERINTENDENT OF POLICE, SPSR NELLORE DISTRICT, NELLORE, ANDHRA PRADESH. 4.THE STATION HOUSE OFFICER, KOVUR POLICE STATION, SPSR NELLORE DISTRICT. DGP ...RESPONDENT(S): Counsel for the Petitioner: 1.MALIREDDY GOWTHAM Counsel for the Respondent(S): 1.GP FOR HOME 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 an appropriate writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring inaction of 4th Respondent in acting on representation advocate and further inaction of 4th issuing notice under Section 35(3) of BNSS to the Petitioneras illegal, arbitrary and Violation of provisions of the BNSS, Art. 14, 19 and 21 of the Constitution of India and consequently direct the 4th Respondent to dt 19.08.2025 made through an Respondent in % ^ issue Notice under Section 35(3) of BNSS to the Petitioner ." 2. Heard Sri M.Gowtham, learned counsel for the petitioner and Sri Md.Farooq, learned Assistant Government Pleader for Home. Learned counsel for the petitioner would submit that Crime No.210 of 2025 of Kovur Police Station, Sri Potti Sriramulu Nellore District has been registered against the petitioner herein and others and prays this Court to direct the concerned police to issue notice under Section 35(3) of BNSS to the petitioner. Learned Assistant Government Pleader for Home would submit that the Court may pass appropriate orders. Considering the submissions made, the Writ Petition is disposed However, the police are directed to scrupulously follow the procedure prescribed under Section 35(3) of BNSS, which is pari materia to Section 41-A of the Code of Criminal Procedure, and the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar V. State of Bihar\ There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. 3. a case in 4. 5. of. (2014) 8 see 273 Sd/- K.KASI RAO ACHAR! ASSISTANT REGISTRAR //TRUE COPY// SECTIONDPFfcER To, Secretariat, 1. The Principal Secretary, Department of Home Affairs Velagapudi, Amaravathi. 2. The Director Police Head Quarters, Mangalagiri, Guntur District. 3. The Superintendent of Police, SPSR Nellore District, Nellore, Andhra Pradesh. 4. The Station 5. One CC to Sri. Malireddy Gowtham, Advocate [OPUC] 6. Two CCs to GP For Home, High Court of Andhra Pradesh [OUT] 7. Two CD Copies. AP General of Police, Andhra Pradesh, DGP Office, House Officer, Kovur Police Station, SPSR Nellore District. AL HIGH COURT CC TODAY DATED:17/09/2025 ORDER WP NO. 25237 OF 2025 ANDH^ 8=^ , 17 SEP 2075 o.^ . Current Section DISPOSING OF THE W.P. WITHOUT COSTS