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2025 DAILYLAW 49229 (AP)

Cherukula Srinivasa Reddy v. The State of Andhra Pradesh,

WP/29034/2025 · 2025-10-16

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010562242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 29034 OF 207^ Between: Cherukula Srinivasa Reddy, S/o. Srirami Reddy, Aged about 48 D.No. 1-4-275, R.T. C. Work Shop Road, Bhavanipuram, Vijayawada.(Urban), Kamakotinagar, N.T.R. District - 520012 years, R/o. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Guntur Department, A.P Secretariat Office, Velagapudi, Amaravati, District, Andhra Pradesh. 2. The Special Investigation Team, SIT office Andhra Pradesh. 3. The Commissioner of Police, NTR Commissionerate, Vijayawada District, Andhra Pradesh. 4. The Assistant Commissioner of Police, Central Division, NTR Police Commissionerate, NTR District, Andhra Pradesh. 5. The Station House Officer, Machavaram Police Station NTR District, Andhra Pradesh. 6. M/s Advika Trading Company, Rep. by its Managing Director Adithya Tadepalli R/o. NTR District, Andhra Pradesh. M.G.Road, Vijayawada NTR Vijayawada Venkata ...RESPONDENTS '1 Petition under Article 226 of the circumstances stated i pleased to issue a Writ Order Constitution of India praying that in the in the affidavit filed therewith, the High Court may be . O'' direction more particularly one in the nature 0 Writ of Mandamus declaring the action of Respondent Nos. 2 to 5 authorities, who Police are repeatedly calling the Petitioner to the Respondent No 5 Police Station and making him sit throughout the day, without any authority under law, even without or registration of any Crime or any reason or justification, which is illegal, irregular, arbitrary, against to the Natural Justice and violative of Articles Principles of 14,19, and 21 of the Constitution of consequently direct the Respondent Nos. 2 to 5 Police Authorities not to call the Petitioner India and unnecessarily to the Respondent No.5 Police Station without following any due procedure established under law. LA NO: 1 OF 207fi Petition under Section 151 CPC in the affidavit filed in support of the petition, the High Court may be pleased direct the Respondent Nos.2 to 5, Police authorities the Respondent No.5 Police Station praying that in the circumstances stated to not to call the Petitioner to unnecessarily without following the due procedure established under law pending disposal of the above Writ Petition. Counsel for the Petitioner: M/s. Counsel for the Respondent Nos.1 Counsel for the Respondent No.6:— The Court made the following order: MARUPILLI SARADA to 5: GP FOR HOME r APHC010562242025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) FRIDAY,THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 29034 OF 2025 Between: 1. Cherukula Srinivasa Reddy, , S/o. Srirami Reddy Aged about 48 years R.T. C. Work Shop Road, Bhavanipuram Vijayawada.(Urban), Kamakotinagar, N.T.R. District - 520012 D.No.1-4-275, R/o. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary,Home Department A.P Secretariat Office, Velagapudi, Amaravati, Guntur District, Andhra Pradesh. 2. The Special Investigation Team, SIT office, M.G.Road, Vijayawada Andhra Pradesh. 3. The Commissioner of Police, NTR Commissionerate, Vijayawada NTR. District, Andhra Pradesh. 4. The Assistant Commissioner of Police, Central Division, NTR Police Commissionerate, NTR District, Andhra Pradesh. 5. The Station House Officer, Machavaram Police Station, Vijayawada, NTR District, Andhra Pradesh. 6. M/s Advika Trading Company, Rep. by its Managing Director Venkata Adithya Tadepalli R/o. NTR District, Andhra Pradesh. ...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 pleased to issue a Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondent Nos. 2 to 5, Police authorities, who are repeatedly calling the Petitioner Respondent. No.5 Police Station and making him sit throughout the day, without any authority or under law, even without registration of any Crime or any reason or justification, which is illegal, irregular, arbitrary, against to the Principles of Natural Justice and violative of Articles 14,19, and 21 of the Constitution of India and consequently direct the Respondent Nos. 2 to 5 Police Authorities not to call the Petitioner unnecessarily to the Respondent No.5 Police Station without following any due procedure established under to the 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 pleased to direct the Respondent Nos.2 to 5, Police authorities not to call the Petitioner to the Respondent No.5 Police Station unnecessarily without following the due procedure established under law pending disposal of the above Writ Petition Counsel for the Petitioner: MARUPILLI SARADA Counsel for the Respondents: GP FOR HOME The Court made the following order: HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PFTITION NO: 29034 OF 2025 THE 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 the nature of Writ of Mandamus declaring the action of Respondent Nos. 2 to 5, Police authorities, who are repeatedly calling the Petitioner to the Respondent. No.5 Police Station and making him sit throughout the day, without any authority or under law, even without registration of any Crime or any reason or justification, which is illegal, irregular, arbitrary, against to the Principles of Natural Justice and violative of Articles 14,19, and 21 of the Constitution of India and consequently direct the Respondent Nos. 2 to 5 Police Authorities not to call the Petitioner unnecessarily to the Respondent No.5 Police Station without following any due procedure established under law ” Heard Sri Marupilli Sarada, learned Counsel for the petitioner and Sri 2. V.Farooq, learned Assistant Government Pleader for Home for the respondents. Learned counsel for the petitioner would submit that the police are calling the petitioner to the police station without there being any crime registered against him and also police are interfering with the civil disputes between the petitioner and the unofficial respondent. Learned Assistant Government Pleader for Home would submit that the Court may pass appropriate orders. 5. Considering the submissions made, this writ petition is disposed of. However, the police are directed not to call the petitioner to the police station, since no crime has been registered against him and also not to interfere with 3. 4. the civil disputes between the petitioner and the unofficial respondent. Further, in case, a crime is registered against the petitioner, police are directed to follow due process of law regarding the said crime. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Home Department, State of Andhra Guntur Pradesh, A.P Secretariat Office, Velagapudi, Amaravati District, Andhra Pradesh. 2. The Special Investigation Team, SIT office, M.G.Road, Vijayawada Andhra Pradesh. 3. The Commissioner of Police, NTR Commissionerate, Vijayawada, NTR District, Andhra Pradesh. 4. The Assistant Commissioner of Police, Central Division, NTR Police Commissionerate, NTR District, Andhra Pradesh. 5. The Station House Officer, Machavaram Police Station, Vijayawada, NTR District, Andhra Pradesh. 6. One CC to Sri Marupilli Sarada, Advocate [OPUC] 7. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 8. Two CD Copies. ssb HIGH COURT DATED: 17/10/2025 ORDER WP No. 29034 OF 2025 'S( 31 OCT 2025 m "^■JSs^C^urrein becuoty/-^ DISPOSING OF THE W.P. WITHOUT COSTS