APHC010561202025 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: 29248/2025 Between: 1. RAVILISETTY VIJAY VENKATESWARA RAO, S/O.RAMANA RAO, AGED ABOUT 46 YEARS OCC.E.PLOYEE R/O.H.NO.4-12-534, STREET NO.6, VANASTHALIPURAM, HYDERABAD, TELANGANA 2. RAVILISETTY RAJASEKHARA RAO, S/O.VENKATA RAO, AGED 79 YEARS, OCC.RETD.GOVT.SERVICE, R/O.H.NO.4-12-534 STREET NO.6, VANASTHALIPURAM HYDERABAD, TELANGANA ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, A.P. SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, PALANADU DISTRICT, NARASARAOPET, AP 3. THE SUB DIVISIONAL POLICE OFFICER, SATTENAPALLI, PALNADU DISTRICT INCHARGE OF NARSARAOPET SUB.DIVISION 4. THE CIRCLE INSPECTOR OF POLICE, NARASARAOPET CIRCLE, NARASARAOPET PALNADU DISTRICT, AP 5. THE STATION HOUSE OFFICER, L-TOWN POLICE STATION, NARASARAOPET PALNADU DISTRICT, AP ...RESPONDENT(S): Counsel for the Petitioner(S): 1. GP FOR HOME 2. YASWANTH GADE Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... to issue a writ, order direction more particularly one the nature of a writ of Mandamus declaring the action of the respondents 2 to 5 in interfering with their life and liberty and insisting them to appear before the 3rd respondent under the guise of investigation in FIR No. 141/2025 on the file of the 5th 2 respondent in spite compliance of Sec.35 (3) of BNSS and also insisting to settle the dispute in FIR No.35/2025 on the file of the 5th respondent without any manner of right or authority and in violation of the guidelines issued by the Honble Apex Court in Arnesh Kumar Vs. State of Bihar as highly illegal, arbitrary, violative of Art.14, 19 and 21 of the Constitution of India and consequently entrust the investigation in FIR No. 141/2025 to any other competent officer other than the 3th respondent” 2. Heard Sri G.Yaswanth, learned counsel for the petitioners and Sri Md.Farooq, learned Assistant Government Pleader for Home. 3. Learned Assistant Government Pleader for Home would submit that, in Crime No. 141 of 2025, the petitioners were served with a notice under Section 35(3) of the BNSS, in connection with a case registered against them for the offence under Section 498A IPC. Learned Assistant Government Pleader would further submit that another case has also been lodged against the petitioners. Apart from the 498A case, a counter case in Crime No. 142 of 2025 has also been registered and is pending against the petitioners, in relation to which they were called to the police station. 4. Learned counsel for the petitioners would submit that the police are frequently calling the petitioners to the police station and making them to wait in the police station for whole day. 5. In that view, the Writ Petition is disposed of. However, Police are directed to follow due process of law to secure the presence of the petitioners if any specific purpose regarding the crimes registered against the petitioners. There shall be no order as to costs. 3 As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:07.11.2025 Asr 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.29248 of 2025 Dt.07.11.2025 Asr