APHC010559392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 28827/2025 Between: 1. MUNUKURI VEERA REDDY, S/O. SRINIVASA REDDY PROPRIETOR OF MRS.DEVANSH INFRA, AGE 33 YEARS, GIRIJAVOLU GUNTAPALEM VILLAGE, PEDANANDIPADU MANDAL, GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.' BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT,SECRETARIAT, VELAGAPUDI,GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT. 3. THE SUPERINTENDENT OF POLICE, GUNTUR URBAN, GUNTUR DISTRICT. 4. SUBINSPECTOR OF POLICE, ARUNDELPET PS, GUNTUR DISTRICT. ...RESPONDENT(S): 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 a writ of Mandamus or issue an appropriate writ, order, or direction, declaring the notice dated 15.10.2025 issued under Section 91 Cr.P.C. in connection with Crime No. 264 of 2025 registered at Arundelpet Police Station, Guntur Urban District, as illegal, arbitrary, without jurisdiction, 2 and in violation of Article 20(3) of the Constitution of India, and consequently quash the said notice andpass IA 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 suspend the operation of the impugned notice dated 15.10.2025 issued under Section 91 Cr.P.C. in connection with Crime No. 264 of 2025 registered at Arundelpet Police Station, Guntur Urban District and restrain the Respondent Police from taking any coercive steps against the Petitioner pursuant to the said notice, pending disposal of the present Writ Petition and to pass Counsel for the Petitioner: 1. RAM BABU DEVAVARAPU Counsel for the Respondent(S): 1. GP FOR HOME 3 The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “....to issue a writ of Mandamus or issue an appropriate writ order or direction declaring the notice dated 15.10.2025 issued under Section 91 Cr.P.C in connection with Crime No.264 of 2025 registered at Arundelpet Police Station, Guntur Urban District, as illegal, arbitrary, without jurisdiction and in violation of Article 20(3) of the Constitution of India and consequently quash the said notice and pass....” 2. Heard Sri Rambabu Devarapu, 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 petitioner herein received a notice from the police on 15.10.2025 addressing him as accused to appear before them along with the documents. He would further submit that the notice which was issued is not sustainable under law. 4. At this juncture, learned Assistant Government Pleader for Home submits that there was an inadvertent error on the part of the police in addressing the petitioner as an accused. He also submits that the provision of law mentioned in the notice was wrongly cited due to a typographical error. He clarifies that the petitioner is, in fact, a witness and not an accused in the matter. Learned Assistant Government Pleader further submits that this Hon’ble Court may be pleased to pass appropriate orders regarding the said notice, while granting liberty to the respondent-police to proceed in accordance with law in relation to the investigation in Crime No. 264 of 2025. 4 5. Considering the submissions made, the Writ Petition is allowed, the impugned notice which is under challenge in the present petition is hereby set aside. However, it does not preclude the respondent-police to take appropriate steps according to law regarding the investigation in Crime No.264 of 2025. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 16.10.2025 SNI 5 104 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 28827/2025 Dt.16.10.2025 SNI