APHC010617292025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY,THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 31889 OF 2025 Between: 1. SETTI CHIRANJEEVI, S/oAppa Rao, Occ. Propreitor, M/s.Jai Sri Ram Enterprises, Duppituru Village, Atchutapuram Mandal, Anakapalli District. 1. THE STATE OF ANDHRA PRADESH, rep. by its Principal Sec Home Department, Secretariat Buildings Velagapudi, Amaravati, Guntur District. 2. The Superintendent of Police, Annamayya District. 3. The Station House Officer, Koduru Police Station, Annamayya District. 4. Kona Jitendra Reddy, S/o. Kona Subba Ungaral Nagar, Koduru Mandal, Annamayya District 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 a writ of mandamus declaring the action of the 3rd respondent police in repeatedly summoning and harassing the petitioner despite his compliance with Section 35 of IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA PETITION NO: 31889 OF 2025 1. SETTI CHIRANJEEVI, S/oAppa Rao, Occ. Propreitor, M/s.Jai Sri Ram Enterprises, Duppituru Village, Atchutapuram Mandal, Anakapalli District. ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, rep. by its Principal Sec Home Department, Secretariat Buildings Velagapudi, Amaravati, Guntur 2. The Superintendent of Police, Annamayya District. 3. The Station House Officer, Koduru Police Station, Annamayya District. 4. Kona Jitendra Reddy, S/o. Kona Subba Reddy, Aged about 32 years R/o. Ungaral Nagar, Koduru Mandal, Annamayya 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 the nature of a writ of mandamus declaring the action of the 3rd respondent police in repeatedly summoning and harassing the petitioner despite his compliance with Section 35 of BNSS. as illegal, arbitrary, violative of Articles IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY,THE TWENTY FIFTH DAY OF NOVEMBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. SETTI CHIRANJEEVI, S/oAppa Rao, Occ. Propreitor, M/s.Jai Sri Ram Enterprises, Duppituru Village, Atchutapuram Mandal, Anakapalli District. ...Petitioner 1. THE STATE OF ANDHRA PRADESH, rep. by its Principal Secretary, Home Department, Secretariat Buildings Velagapudi, Amaravati, Guntur 3. The Station House Officer, Koduru Police Station, Annamayya District. Reddy, Aged about 32 years R/o. ...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 the nature of a writ of mandamus declaring the action of the 3rd respondent police in repeatedly summoning and harassing the petitioner despite his BNSS. as illegal, arbitrary, violative of Articles 14 and 21 of the Constitution of India and Consequently direct the 3rd respondent not to summon the petitioner repeatedly or take any coercive steps against him except strictly in accordance with Section 35 (3) of BNSS and 37 of BNSS. and pass IA 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 3rd respondent police not to summon or harass the petitioner and to strictly adhere to Section 35 of BNSS., and pass Counsel for the Petitioner: UDAY KUMAR VAMPUGADAVALA Counsel for the Respondents: GP FOR HOME The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 31889 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 the nature of a writ of mandamus declaring the action of the 3rd respondent police in repeatedly summoning and harassing the petitioner despite his compliance with Section 35 of BNSS. as illegal, arbitrary, violative of Articles 14 and 21 of the Constitution of India and Consequently direct the 3rd respondent not to summon the petitioner repeatedly or take any coercive steps against him except strictly in accordance with Section 35 (3) of BNSS and 37 of BNSS. and pass…” 2. Heard learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home appearing on behalf of the respondents. 3. When the matter is taken up for hearing, Sri V.Farooq, learned Assistant Government Pleader for Home on written instructions would submit that, the petitioner is an accused in Cr.No.264 of 2025 for the offence punishable under Section 318 (4) of BNS on the file of Railway Kodur Police Station, Annamaya District, the police was called to the police station for service of notice under Section 35(3) of BNSS. 4. Recording the same, the writ petition is disposed of. However, the petitioner is directed to appear before the police on 28.11.2025 at 11.00 a.m., the police are directed to issue 35(3) of BNSS to the petitioner. The police are further directed to follow due process of law to secure the presence of petitioner regarding to the case which is registered against him. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 25-11-2025 KKV HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.31889 of 2025 Dated.25-11-2025 KKV HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: W.P.No.31889 of 2025 PROCEEDING SHEET Sl. No. Date ORDER OFFICE NOTE 25.11.2025 Dr.VJP,J The Writ Petition is disposed of. (vide separate order) ________ Dr.VJP,J KKV