Manchineni Gangaiah, v. The State of Andhra Pradesh,
WP/8634/2021 · 2025-10-13
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 53494 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 53494 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010154302021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 8634/2021 Between:
1. MANCHINENI GANGAIAH, S/O. LATE SURAIAH, AGED 67, R/O.
DIDUGU VILLAGE, AMARAVATHI MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH.
2. MACHINENI GANGA PARVATHI, W/O. LATE RAJAIAH, AGED 57, R/ O. DIDUGU VILLAGE, AMARAVATHI MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH.
...PETITIONER(S) AND
1. THE STATE OF ANDHRA PRADESH, DEPARTMENT OF HOME, REP. BY ITSPRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI.
2. THE SUPERINTENDENT OF POLICE, GUNTUR RURAL, GUNTUR DISTRICT.
3. THE STATION HOUSE OFFICER C I, NARASARAOPET I TOWN POLICE STATION, NARASARAOPET TOWN, GUNTUR DISTRICT.
4. THE SUBINSPECTOR OF POLICE S I, NARASARAOPET I TOWN POLICE STATION, NARASARAOPET TOWN, GUNTUR DISTRICT.
5. MANCHINENI VENKATA HARINATH, S/O. CHANDRA SEKHAR RAO, AGED 23, R/ O. DIDUGU VILLAGE, AMARAVATI MANDAL, GUNTUR DISTRICT.
...RESPONDENT(S): Counsel for the Petitioner(S):
1. VENKATESWARLU POSANI Counsel for the Respondent(S):
1. GP FOR HOME
2. P S P SURESH KUMAR The Court made the following:
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ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“.... a Writ of Mandamus, declaring the action of the 4th Respondent in calling the petitioners to attend the police station without written intimation and without following the procedure contemplated in Section 41-A Cr.P.0 and guidelines framed by the Supreme Court in Arnesh Kumar Case and compelling the petitioners to secure the presence of their family members or else they would take away the petitioners, as illegal, contrary to law, arbitrary and without jurisdiction.”
2. When the matter is taken up for hearing, Sri P.Sai Surya Teja, learned counsel for the Petitioners would submit that the interim order dated 23.04.2021 passed by this Court directing the Police not to take any coercive steps against the Petitioners, may be made absolute.
3. Sri V.Farooq, learned Assistant Government Pleader for Home would submit that the Court may pass appropriate orders.
4. Considering the submissions, the Writ Petition is disposed of and the interim order dated 23.04.2021 passed in this petition, is made absolute. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:14.10.2025 Dinesh
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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.8634 of 2021
Dt.14.10.2025
Dinesh