■%- APHC010518102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) y FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER'^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26723 OF 2025 Between: 1. D Raja Gopal Reddy, S/o. D.Bala Krishna Reddy, Aged about 54 years, Occ. Business, R/o.D.No.8/1-A-7-20, Raghavendra Nagar, College Road, Markapur, Prakasam District. 2. Mabu Shareef, S/o. Pakruddin, Aged about 45 years, Bhagath Singh Colony, Proodatur, YSR Kadapa District. ...Petitioners ^ AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Superintendent of Police, Nandhayal, Nandhyal District. 3. The Station House officer, Nandhyal II town, Nandhyal, Nandhyal 4 District. 4. P Bala Chandrudu, S/o. P.Veeraiah, Aged about 64 years, Occ. Correspondent and Principal, Sri Sadhana Degree College, Nandhayal, R/o. H.N0.29-152-14-A, SBI Colony, Nandhayal Town and Nandhyal 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 a writ, order or direction, more particularly one in nature of Writ of Mandamus seeking to declare the inaction of respondents No.3 and the subordinates in repeatedly calling us to the Police Station under the guise of preliminary enquiry at the behest of the respondent No.4 and not permitting us to take the legal assistance as required during the course of preliminary enquiry as illegal and arbitrary contrary to the well-established legal principles apart being violative of the fundamental rights guaranteed to us under article 14, 19 and 21 of Constitution of India and consequently direct the respondents not to call me to the police station and follow due process of law. 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 respondents not to call us to the respondent No.3 police station repeatedly under the guise of Preliminary enquiry, pending disposal of the writ petition. Counsel for the Petitioners: SRI PAPUDIPPU SASHIDAR REDDY Counsel for the Respondents No.1 to 3: GP FOR HOME The Court made the following I i' 1 APHC010518102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) B:*0 FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26723 OF 2025 Between: 1. D RAJA GOPAL REDDY, S/o. D.Bala Krishna Reddy, Aged about 54 years, Occ. Business, R/o.D.No.8/l-A-7-20, Raghavendra Nagar, College Road, Markapur, Prakasam District. 2. Mabu Shareef,, S/o. Pakruddin, Aged about 45 years, Bhagath Singh Colony, Proodatur, YSR Kadapa District. ...Petitioners AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Superintendent of Police, Nandhayal, Nandhyal District. 3. The Station House officer, Nandhyal II town, Nandhyal, Nandhyal District. Aged about 64 years, Occ. Correspondent and Principal, Sri Sadhana Degree College, Nandhayal, R/o. H.N0.29-152-14-A, SBI Colony, Nandhayal Town and Nandhyal District. 4. P Bala Chandrudu, S/o. P.Veeraiah ...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 2 pleased to pleased to issue a writ, order or direction, more particularly one in nature of Writ of Mandamus seeking to declare the inaction of respondents No.3 and the subordinates in repeatedly calling us to the Police Station under the guise of preliminary enquiry at the behest of the respondent No.4 and not permitting us to take the legal assistance as required during the course of preliminary enquiry as illegal and arbitrary contrary to the well-established legal principles apart being violative of the fundamental rights guaranteed to us under article 14, 19 and 21 of Constitution of India and consequently direct the respondents not to call me to the police station and follow due process of law and pass 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 pleased to direct the respondents nofto call us to the respondent No.3 police station repeatedly under the guise of Preliminary enquiry, pending disposal of the writ petition and pass Counsel for the Petitioners: PAPUDIPPU SASHIDAR REDDY Counsel for the Respondents: GP FOR HOME The Court made the following order: 3 & THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26723 OF 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “....pleased to issue a writ, order or direction, more particularly one in nature of Writ of Mandamus seeking to declare the inaction of respondents No.3 and the subordinates in repeatedly calling us to the Police Station under the guise of preliminary enquiry at the behest of the respondent No.4 and not permitting us to take the legal assistance as required during the course of preliminary enquiry as illegal and arbitrary contrary to the well-established legal principles apart being violative of the fundamental rights guaranteed to us under article 14, 19 and 21 of Constitution of India and consequently direct the respondents not to call me to the police station and follow due process of law and pass...” Heard Sri Papudippu Sashidhar, learned counsel for the petitioner and 02. Sri V. Farooq, learned Assistant Government Pleader for Home, appearing on behalf of the official respondents. Learned counsel for the petitioner submits that in the name of 03. preliminary enquiry, the police are repeatedly summoning the petitioner to the police station. It is stated that the petitioner has already attended before the investigating officer on four to five occasions, but no crime has been registered against him so far. Learned counsel contends that such repeated ' summoning without registration of crime causes serious harassment to the petitioner. He further prays that the petitioner may be permitted to accompany his counsel while appearing before the police for the purpose of preliminary enquiry. 04. Learned Assistant Government Pleader for Court may pass appropriate orders in the matter. Home submits that the 05. Having considered the submissions of both sides, opinion that as no crime has been registered against the petitioner and this Court is of the he has already appeared before the police on multiple occasions, it would be just and proper to permit the petitioner to avail the assistance of his counsel during such enquiry. 06. Accordingly, this Writ Petition is disposed of. Ho\A/ever, the petitioner permitted to accompany his counsel whenever he is called by the police for the purpose of preliminary enquiry. The IS respondent police are directed to ensure that due process of law is followed In respect of any complaint, and if any cognizable offence is made out, the same shall be dealt 'with strictly i accordance with the provisions of law. In the absence in of registration of any unnecessary harassment to the petitioner by summoning him repeatedly. There shall be no order as to costs. crime, the police shall not cause As a sequel thereto, miscellaneous petitions pending if any, shall stand closed. SECTION OFFICER 1. The Principal Secretary, State of Andhra Pradesh, Home Department. Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Superintendent of Police, Nandhayal, Nandhyal District. 3. The Station House officer, Nandhyal II District. 4. One CC to SRI PAPUDIPPU SASHIDAR REDDY Advocate [OPUC] Two CCs to GP FOR HOME High Court of Andhra Pradesh [OUT] ' 6. Two CD Copies //TRUE COPY// To, town, Nandhyal, Nandhyal asn HIGH COURT DATED:26/09/2025 ORDER WP NO. 26723 OF 2025 S{ 17 OCT 2025 *=*1 n'.l Co = ^^SQuffent Sectigi^x»^ disposing the WP WITHOUT COSTS