APHC010631512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 32741/2025 Between: 1. KALIPINDI VINOD KUMAR, S/O. CHIRANJEEVI AGED - YEARS, R/O. D NO. 1-184, TURINGPETA, UNGUNTURU, WEST GODAVARI DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, GUNTUR DISTRICT AT GUNTUR 3. THE INSPECTOR OF POLICE, OLD GUNTUR POLICE STATION GUNTUR, GUNTUR DISTRICT 4. THE STATION HOUSE OFFICER, OLD GUNTUR POLICE STATION, GUNTUR, GUNTUR DISTRICT 5. PULLAKANDAM PAVAN KUMAR, S/O. SRINVIASA RAO AGE 37 YEARS, R/O. SHOP NO. 204, VASAVI COMPLEX, MANGALAGIRI ROAD, MANGALADASU NAGAR, GUNTUR TOWN, GUNTUR 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 2 pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of the respondents 3 and 4 in not following directions issued in Crl.M.P.No. 1502 of 2025 dated 22.09.2025, on the file of the Hon'ble II Additional District and Sessions Judge, to following guidelines laid down in Arnesh Kumar Vs. State of Bihar, violating procedure under Section 35 (3) of the BNSS, as illegal, irrational, contrary to law, against to the Principles of Natural Justice and violation of Art. 14 and 21 of Constitution of India and consequently direct the 3rd and 4th respondents to not to arrest the petitioner without following directions as per Crl.M.P. No. 1502 of 2025 dated 22.09.2025, to following guidelines laid down in Arnesh Kumar Vs. State of Bihar 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 3rd and 4th respondent to following directions issued in CrI.M.P. No. 1502 of 2025 dated 22.09.2025, on the file of the Hon’ble II Additional District and Sessions Judge, to following guidelines laid down in Arnesh Kumar Vs. State of Bihar, and issue notice under Section 35 (3) of the BNSS, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. UDAY KUMAR VAMPUGADAVALA Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 32741 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 declaring the inaction of the respondent Nos. 3 and 4 in not following directions issued in Crl.M.P.No. 1502 of 2025 dated 22.09.2025, on the file of the Hon'ble II Additional District and Sessions Judge, to following guidelines laid down in Arnesh Kumar Vs. State of Bihar, violating procedure under Section 35 (3) of the BNSS, as illegal, irrational, contrary to law, against to the Principles of Natural Justice and violation of Art. 14 and 21 of Constitution of India and consequently direct the 3rd and 4th respondents to not to arrest the petitioner without following directions as per Crl.M.P. No. 1502 of 2025 dated 22.09.2025, to following guidelines laid down in Arnesh Kumar Vs. State of Bihar and pass.…” 2. Heard Sri Uday Kumar Vampugadavala, learned Counsel for the Petitioner and Sri V.Farook, learned Assistant Government Pleader for Home on behalf of the State. 3. Learned Counsel for the Petitioner would submit that the Petitioner filed a petition for anticipatory bail in Crl.M.P.No.1502 of 2025 before the learned II Additional District and Sessions Judge, that was dismissed. Learned Judge while dismissing the application, observed that the Petitioner shall appear before the concerned Police and the Police are directed to follow the 4 guidelines of the Hon’ble Apex Court in Arnesh Kumar v. State of Bihar1 in this matter. 4. Learned Assistant Government Pleader for Home would submit that the Court may pass appropriate Orders. 5. The above said Order passed by the learned II Additional District and Sessions Judge, would show that it was passed on 22.09.2025 and directed the Petitioner to appear before the concerned Police within fifteen days from the date of that Order. Admittedly, the Petitioner has not appeared before the Police. Be that as it may, the Police are directed to follow the guidelines of the Hon’ble Apex Court in Arnesh Kumar v. State of Bihar in this matter. 6. With the above observations, this Writ Petition is disposed of. 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. UPS 1 (2014) 8 SCC 273 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.32741 of 2025 Dated.25.11.2025 UPS 123