APHC010078732021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 4495 OF 2021 Between: 1. BOYILLA SURENDRA BABU, S/o late Venkateswarlu Aged 30 years, OCC Private Employee, Rio. Yedlurupadu Village, Jarugumalli Mandal, Prakasam District. Presently residing in Malaysia. 2. Boyilla Venkata Ramanamma,, W/o. Late Venkateswarlu, Aged 53 years, Occ House hold, R/o. YedluruPadu Village, Jarugumalli Mandal, Prakasam District ...Petitioners AND 1. State of Andhra Pradesh, , Rep. by its Principal Secretary to Government, Home Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. Superintendent of Police, SPSR Nellore District at Nellore. 3. Deputy Superintendent of Police, Kavali, SPSR Nellore District. 4. Inspector of Police, Kavali Rural Circle, Kavali Town, SPSR Nellore District. 5. Station House Officer, Jaladanki Police Station, SPSR Nellore District. 6. BoyillaAswini, W/o. Surendra Bain, Aged 25 years, Occ Household, R/o. Gollapalli Village, Jaladanki Mandal SPSR Nellore District. ...Respondents Counsel for the Petitioners: RAJA REDDY KONETI Counsel for the Respondents: GP FOR HOME The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 4495 of 2021 ORDER: 1. This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents particularly respondents 4 and 5 at the instance of the 6th respondent in repeatedly insisting the 1st petitioner to surrender his passport and appear before their authority for being arrested on the complaint of 6th respondent, without there being any authority of law and in violation of guidelines of Hon'ble Supreme Court of India in Arnesh Kumar Vs State of Bihar and another in (2014) 8 Supreme Court Cases 273, as illegal, irregular, irrational and violative of Articles 14 and 21 of Constitution of India and consequently direct the respondents not to interfere in any manner with the petitioners' personal life, liberty nor insist upon surrender of 1st petitioner's passport nor cause them arrested on the report of 6th respondent …” 2. Heard Sri Raja Reddy Koneti, learned counsel for the petitioners and Sri V.Farook, learned Assistant Government Pleader for Home for respondents. 3. Learned Assistant Government Pleader for Home for respondents would submit that police never insisted the 1st petitioner to surrender his passport and appear before them. Learned Assistant Government Pleader would further submit that basing on the complaint of unofficial respondent, Cr.No.74 of 2019 has been registered against the petitioner and others for the offences under sections 498-A IPC and Sections 3 and 4 of DP Act. He further submits that police served Section 41A CrPC notice to A3, A4 on 15.02.2021. Since the father of A1 i.e., A3 died, A1 and A2 visited India to attend the funeral. Learned Assistant Government Pleader would further submit that A1 and A2 refused to take Section 41A CrPC notice, but filed the present writ petition making false allegations. Learned Assistant Government Pleader further seeks time to get instructions regarding the stage of the investigation. 4. Since the crime is registered in the year 2019, this writ petition is disposed of directing the police to conclude the investigation and file a report according to law within a period of two months from the date receipt of a copy of this order. As police are not insisting the petitioner to surrender his passport, police are directed to follow due process of law regarding the crime which is registered against the petitioners. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 08.10.2025 Dvs THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 228 WRIT PETITION NO: 4495/2021 Date: 08.10.2025 Dvs