APHC010685452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] SATURDAY,THE TWENTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 35431/2025 Between: 1. KODIGUDLA SHANKAR RAO, S/O TAVITAYYA, AGE 29 YEARS, OCC FARMER, R/O D.NO.26-15-103, BABAJI KONDA, POORNA MARKET, VISAKHAPATNAM CITY, VISAKHAPATNAM DISTRICT. 2. KODIGUDIA RAJAKUMAR,, S/O MAHESH, AGE 40 YEARS, OCC SELF EMPLOYEE, R/O D.NO.26-15-103, BABAJI KONDA, POORNA MARKET, VISAKHAPATNAM CITY, VISAKHAPATNAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, VIZAINAGARAM DISTRICT AT VIZAINAGARAM. 3. THE STATION HOUSE OFFICER, CHEEPURUPALLI POLICE STATION, VIZAINAGARAM DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. AISHWARYA NAGULA Counsel for the Respondent(S): 2 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 35431/2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue an appropriate writ, order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the 3rd respondent in not issuing Sec.35 (3) of BNSS (Old Sec.41-A) in connection with the F.I.R.No. 100/2025, dt 20.11.2025 registered under Sec.74, 118(1), r/w 3 (5) BNSS, 2023 by the SHO, Cheepurupalli Police Station, Vizianagaram District as illegal, arbitrary and consequentially direct the 3rd respondent to comply the statutory provisions of Sec.35 (3) of BNSS (Old Sec.41-A).…” 2. Heard Ms.Aishwarya Nagula, learned counsel for the petitioner and Sri P.Ajay Babu, learned Assistant Government Pleader for Home for the official respondents. 3. Learned counsel for the petitioner would submit that the respondent- police are not issuing notice under Section 35(3) of BNSS in connection with the FIR no.100 of 2025 dated 20.11.2025 registered under sections 74, 118(1) r/w 3(5) of BNSS of Cheepurupalli Police Station, Vizianagaram District. 4. Learned Assistant Government Pleader for Home, on written instructions, would submit that the petitioner herein has been absconding. So, the respondent-police could not serve notice under 35(3) of BNSS. He would further submit that the police are ready to serve the notice under 35(3) of BNSS. 4 5. Considering the submissions, this Writ Petition is disposed of. However, the respondent-police are at liberty to act according to law in this matter. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 20.12.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 35431/2025 Dated.20.12.2025 UPS 178