APHC010438422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 22237/2025 Between: 1. KAKI ARUNAKUMARI, W/O.KAKI GODINDA REDDY, AGE ABOUT 48 YEARS, OCCU BUSINESS AND SELF-EMPLOYED, R/O.D.N0. 50-121-50/1, BS LAYOUT, MORE SUPER MARKET, SITAMMADARA, VISHAKAPATNAMURBAN AND DIST, ANDHRA PRADESH - 530013 . ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH - 522503. 2. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH - 522503. 3. THE COMMISSIONER OF POLICE, VISAKHAPATNAM COMMISSIONERATE, VIZAG CITY, VISHAKAPATNAM, ANDHRA PRADESH. 4. THE STATION HOUSE OFFICER, KANCHARAPALEM POLICE STATION, VISAKHAPATNAM COMMISSIONERATE, ANDHRA PRADESH. 5. SMT KARRI LAKSHMI, W/O LATE RAMANA REDDY, AGED ABOUT 85 YEARS. R/O.D.NO.37-10-75, PATTABHIREDDY THOTA, AYYAPPA NAGAR, KANCHARAPALEM, VISAKHAPATNAM COMMISSIONERATE, ANDHRA PRADESH. ...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 an order or direction more particularly one in the nature of Writ of Mandamus declaring the action, non following the mandatory procedures and apex court guideline and omission of duties, of the Respondents as illegal, arbitrary, unreasonable, mala fide, discriminatory, and violation of the Petitioner's fundamental rights under Articles 14, 19, 21, and 22 of the Constitution of India, thereby 2 necessitating judicial intervention and against the principles of natural justice and Consequently direct the respondents Direction, directing the Respondents no. 1 to 4 to strictly comply with the guidelines laid down in Arnesh Kumar vs. State of Bihar ((2014) 8 see 273), Sections 35(3) and 173(3) of the BharatiyaNagarik Suraksha Sanhita, 2023, Chapter 16 of the Andhra Pradesh Police Manual, and Section 23 of the Police Act, 1861, in the investigation of FIR No. 282/2025 registered at Kancharapalem Police Station, Visakhapatnam. (i) Direct the Respondents no. 4 to conduct a preliminary inquiry as mandated under Section 173(3) of the BNSS and refrain from effecting any arrest in connection with FIR No. 282/2025 without issuing a notice under Section 35(3) of the BNSS and recording reasons justifying the necessity of such arrest. (ii) Direct Respondent No. 1 to ensure that officers of Kancharapalem Police Station are trained and sensitized to adhere to the Arnesh Kumar guidelines. Sections 35(3) and 173(3) of the BNSS, and the Andhra Pradesh Police Manual to prevent arbitrary actions and ensure compliance with the law. (hi) Declare the registration of FIR No.282/2025 without a preliminary inquiry as bad in law and direct the Respondents to rectify the procedural lapses and Grant any other relief(s) Counsel for the Petitioner: 1. NANI BABU ROBBA Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: ORDER: The instant Writ Petition is filed by the Petitioner seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief: <....to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action, non following the mandatory procedures and apex court guideline and omission of duties, of the Respondents as illegal, arbitrary, unreasonable, mala fide, discriminatory, and violation of the Petitioner's fundamental rights under Articles 14, 19, 21, and 22 of the Constitution of India, thereby necessitating judicial intervention and against the principles of natural justice and Consequently direct the respondents Direction, directing the Respondents no. 1 to 4 to strictly comply with the guidelines laid down in Arnesh Kumar vs. State of Bihar ((2014) 8 see 273), Sections 35(3) and 173(3) of the BharatiyaNagarik Suraksha Sanhita, 2023, Chapter 16 3 of the Andhra Pradesh Police Manual, and Section 23 of the Police Act, 1861, in the investigation of FIR No.282/2025 registered at Kancharapalem Police Station, Visakhapatnam. (i) Direct the Respondents no. 4 to conduct a preliminary inquiry as mandated under Section 173(3) of the BNSS and refrain from effecting any arrest in connection with FIR No. 282/2025 without issuing a notice under Section 35(3) of the BNSS and recording reasons justifying the necessity of such arrest. (ii) Direct Respondent No.1 to ensure that officers of Kancharapalem Police Station are trained and sensitized to adhere to the Arnesh Kumar guidelines. Sections 35(3) and 173(3) of the BNSS, and the Andhra Pradesh Police Manual to prevent arbitrary actions and ensure compliance with the law. (iv) Declare the registration of FIR No.282/2025 without a preliminary inquiry as bad in law and direct the Respondents to rectify the procedural lapses and Grant any other relief(s) ...= At the time of hearing, learned Assistant Government Pleader for Home, placed on record, the written instructions dated 27.08.2025 and would submit that respondent Police are following the procedure as contemplated under laws and that Petitioner is not cooperating to investigation and appropriate orders may be passed by disposing of this Writ petition. Learned counsel for the Petitioner would submit that recording the said submission, necessary orders may be passed in this Writ Petition. In that view, this Writ Petition is disposed of. Respondent Police are directed to follow due process of law while conducting investigation of the subject matter. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 22237 of 2025 15.09.2025 Mjl /*