APHC010741002018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 35760 OF 2018 Between: 1. K. Nagaraj, S/o K. Simhachalam, aged About 20 years, BTR colony 14- 101, Mangalam, Tirupati. 2. S. Mohan,, S/o Sreenivasulu, aged about 20 years, BTR colony 8-10- ^ 144,Mangalam, Tirupati. 3. E.Muniyappa Jeevakona, Tirupati. 4. B. Giri Kumar,, S/o Bramhayya, aged about 21 Years, 18-5-100/A Cross, Sapthagiri nagar, Tirupati. 5. N. Madhava Krishna,, S/o N. Veeresh Venkateswara University, Room No. Ill, I block hostel. S/o K. Elumalai, aged about 20 years, 11-283, 4th aged about 33 years, Sri ...Petitioners AND 1. The State of Andhra Pradesh rep. by its Principal Secretary, Home department. Secretariat, Velagapudi, Amaravathi. 2. The Station House Officer, West Police Station, Tirupati 3. The Inspector of Police/Investigating officer. West Tirupati. Police Station, 4. The Superintendent of Police, Tirupati urban district, Tirupati. ...Respondents § \ Petition under Article 226 of the Constitution of India praying that in the ci|^^urhstances stated in the affidavit filed therewith, the High Court may be l^^d ,to Writ or direction more particularly in the nature of Writ of € 'p Mandamus declaring the action of the Respondents in trying to arrest the Petitioners without following the procedure prescribed in Criminal Procedure Code, 1973, law and the Judgments of this Hon’ble Court and Hon’ble Apex Court as illegal arbitrary and violation of Article 14 and 21 of the Constitution of India and consequently direct the Respondents to conduct the fair investigation as per law by following the provisions of the Code of Criminal Procedure, 1973 and the law and follow the section 41(a) of Cr.P.C before arresting the Petitioners. lA NO: 1 OF 2018 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 Respondents not to arrest the Petitioners in connection with Crime No 160/2018 U/Sec 535, 332 IPC r/w 34 IPC on the file of West Police Station, Tirupati dated 27-9-2018 pending disposal of the above writ petition. lA NO: 2 OF 2018 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 allow the amendment petition by adding the words "in connection with Crime No 159/2018 in the same Police Station U/s. 448, 427 r/w 149 of IPC and Sec. 3 of PDPPA act dated 27-9-2018 and Crime No 160/2018 U/Sec 535, 332 IPC r/w 34 IPC on the file of West Police Station, Tirupati dated 27-9-2018" after the word arrest the Petitioners in the 3rd line of the main prayer and after the word investigation in 7th line of main prayer" and "and Crime No 159/2018 in the same Police Station U/s. 448, 427 r/w 149 of IPC and Sec. 3 of PDPPA act dated 27-9-2018 after the date 27-9-2018 in 3rd line of the interim prayer." Counsel for the Petitioners: M/S RAMANI ANNAM / Counsel for the Respondents: GP FOR HOME The Court made the following order: ' / 1 /%> APHC010741002018 / IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] El: THURSDAY,THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 35760/2018 Between: 1.K. NAGARAJ,, S/0 K. SIMHACHALAM, AGED ABOUT 20 YEARS, BTR COLONY 14-101, MANGALAM, TIRUPATl. 2.S. MOHAN,, S/0 SREENIVASULU, AGED ABOUT 20 YEARS, BTR COLONY 8-10-144,MANGALAM, TIRUPATL 3.E. MUNIYAPPA,, S/0 K. ELUMALAI, AGED ABOUT 20 YEARS, 11- 283, JEEVAKONA, TIRUPATL 4.B. GIRI KUMAR,, S/O BRAMHAYYA, AGED ABOUT 21 YEARS, 18-5- 100/A, 4TH CROSS, SAPTHAGIRI NAGAR, TIRUPATL 5.N. MADHAVA KRISHNA,, S/O N. VEERESH, AGED ABOUT 33 YEARS, SRI VENKATESWARA UNIVERSITY, ROOM NO. Ill, I BLOCK HOSTEL. i. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2.THE STATION HOUSE OFFICER, WEST POLICE STATION, TIRUPATl 3.THE INSPECTOR OF POLICE/INVESTIGATING OFFICER, WEST POLICE STATION, TIRUPATl. 2 4.THE SUPERINTENDENT OF POLICE, TIRUPATI URBAN DISTRICT, TIRUPATI. ...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 to Writ or direction more particularly in the nature of Writ of IVIandamus declaring the action of the Respondents in trying to arrest the Petitioners without following the procedure prescribed in Criminal Procedure Code, 1973, law and the Judgments of this Honble Court and Honble Apex Court as illegal arbitrary and violation of Article 14 and 21 of the Constitution of India and consequently direct the Respondents to conduct the fair investigation as per law by following the provisions of the Code of Criminal procedure, 1973 and the law and follow the section 41(a) of Cr.P.C before arresting the Petitioners and pass ^NO: 1 OF 2018 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 Respondents not to arrest the Petitioners in connection with Crime 160/2018 U/Sec 535, 332 IPC r/w 34 IPC on the file of West Police Station, Tirupati dated 27-9-2018 pending disposal of the above writ petition and pass ^NO: 2 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated jn the affidavit filed in support of the petition, the High Court may be pleased to allow the amendment petition by adding the words "in connection with Crime islo 159/2018 in the same Police Station U/s. 448, 427 r/w 149 of IPC and Sec. 3 of PDPPA act dated 27-9-2018 and Crime No 160/2018 U/Sec 535, 332 IPC r/w 34 IPC on the file of West Police Station, Tirupati dated 27-9-2018" after the word arrest the Petitioners in the 3rd line of the main prayer and after the word investigation in 7th line of main prayer" and "and Crime No 159/2018 in the same Police Station U/s. 448, 427 r/w 149 of IPC and Sec. 3 of PDPPA act dated 27-9-2018 after the date 27-9-2018 in 3rd line of the interim prayer." and pass Counsel for the Petltioner(S): 1. RAMAN I AN NAM No 3 Counsel for the Respondent(S): 1.GP FOR HOME (AP) 4 The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “....to Writ or direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondents in trying to arrest the Petitioners without following the procedure prescribed in Criminal Procedure Code, 1973, law and the Judgments of this Honble Court and Honble Apex Court as illegal arbitrary and violation of Article 14 and 21 of the Constitution of India and consequently direct the Respondents to conduct the fair investigation as per law by following the provisions of the Code of Criminal Procedure, 1973 and the law and follow the section 41(a) of Cr.P.C before arresting the Petitioners and pass . . ” None represented for the petitioners. Sri V.Farook, learned Assistant Government Pleader for Home, would submit that the police have followed the interim direction dated 04.10.2018 issued by the Court to follow the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar v. State of Bihar' and in view of the same, this petition may be disposed of. Recording the same, this Writ Petition is disposed of. There shall be order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand 2. 3. 4. no closed. 2014(8) see 273 ' Sd/- U. SRIDEVI ASSISTANT REG STRAR //TRUE eOPY// Vt SEPTION OFFieER To, Principal Secretary, Home department, State of Andhra Pradesh, 1. The Secretariat, Velagapudi, Amaravathi. Officer, West Police Station, Tirupati. o Tho .Citatinn House 3. The Inspector of Police/Investigating officer, West Police Station Tirupati. 4. The Superintendent of Police, Tirupati urban district, Tirupati. 5. One CC to Sri. Ramani Annam Advocate [OPUC] 6. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 7. Three CD Copies GSC i HIGH COURT DATED:17/07/2025 ORDER WP NO. 35760 OF 2018 27 DISPOSING THE WP WITHOUT COSTS