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2025 DAILYLAW 52700 (AP)

C RAGHAVENDRA v. THE STATE OF AP

WP/30837/2025 · 2025-11-06

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010596552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 30837/2025 Between: 1. C RAGHAVENDRA, S/O. M.CHANDRA PRAKASH AGED ABOUT 26 YEARS, OCC BUSINESS, R/O.D.NO.6-7-10A, DHANA LAKSHMI ROAD, HINDUPUR, SRI SATYA SAI DISTRICT, ERSTWHILE ANANTAPUR DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY THE PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, AT VELAGAPUDI, AMARAVATHI, A.P. 2. THE SUPERINTENDENT OF POLICE, SRI SATHYA SAI DISTRICT, AT PUTTAPARTHI, ERSTWHILE ANANTAPUR DISTRICT. 3. THE DEPUTY SUPERINTENDENT OF POLICE, HINDUPUR DIVISION, HINDUPUR, SRI SATHYA SAI DISTRICT ERSTWHILE ANANTAPUR DISTRICT. 4. THE STATION HOUSE OFFICER, HINDUPUR I TOWN POLICE STATION, HINDUPUR, SRI SATHYA SAI DISTRICT, ERSTWHILE ANANTAPUR DISTRICT. ...RESPONDENT(S): 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 Writ of Mandamus questioning the action of the 4th respondent police in 2 harassing the petitioner by requiring him to attend the police station every day though petitioner is not involved in any offence and thereby preventing him from attending to his daily works without there being any registered crime against him in the said police station and without following any procedure known to law as illegal, arbitrary and without jurisdiction and violative of Articles 14, 19(1)(g) and 21 of the Constitution of India and consequently direct the 4th respondent not to harass the petitioner by requiring him to attend the 4th respondent police station, 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 to direct the 4th respondent not to harass the petitioners by 4th respondent police station without requiring them to attend the 4 registering any crime, pending disposal of the writ petition, and pass Counsel for the Petitioner: 1. P NARAHARI BABU Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 30837 of 2025 ORDER: 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 questioning the action of the 4th respondent police in harassing the petitioner by requiring him to attend the police station every day though petitioner is not involved in any offence and thereby preventing him from attending to his daily works without there being any registered crime against him in the said police station and without following any procedure known to law as illegal, arbitrary and without jurisdiction and violative of Articles 14, 19(1)(g) and 21 of the Constitution of India and consequently direct the 4th respondent not to harass the petitioner by requiring him to attend the 4th respondent police station, and pass.…” 2. Heard Sri P. Narahari babu, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home for the official respondents. 3. Learned Assistant Government Pleader for Home, on written instructions, would submit that a case in Cr.No.195 of 2024 of Hindupur II Town Police Station on 03.10.2024 under Section 318(4), 336(3), 351(2) r/w 3(5) of BNS on the complaint made by one M.Muni Venkatesh Babu. He would further submit that after issuance of notice under Section 35(3) of BNS, the case was transferred to Hindupur I Town Police Station. The case was subsequently re-registered as a case in Cr.No.155 of 2025 in Hindupur I Town Police Station on 04.07.2025. Since the Investigating Office of this case had 4 not previously examined the accused, the petitioner was called to the police station regarding the crime which has been re-registered. 4. Learned counsel for the petitioner would submit that recording the same, the petition may be disposed of. 5. Recording the above said submission, this Writ Petition is disposed of. There shall be no order as to costs. However, the police are directed to follow the due process of law regarding the crime which was registered against the petitioner. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 07.11.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.30837 of 2025 Dated.07.11.2025 UPS 227