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2025 DAILYLAW 55933 (AP)

V SHANKAR v. THE STATE OF ANDHRA PRADESH

WP/29732/2025 · 2025-11-03

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010575102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 29732/2025 Between: 1. V SHANKAR, S/O. GOPAL, AGED 38 YEARS, OCC- TEACHER, R/O. D.NO.1-6-40/6B/3, PAULSAAB GUTTA, MAHABOOB NAGAR, TELANGANA STATE. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE POLICE COMMISSIONERATE, VIJAYAWADA, NTR DISTRICT, REP. BY ITS COMMISSIONER. 3. THE JAGGAYYAPETA POLICE CIRCLE, NTR KRISHNA DISTRICT, JAGGAYYAPETA, REP. BY ITS CIRCLE INSPECTOR. 4. THE VATSAVAI POLICE STATION, VATSAVAI MANDAL, NTR KRISHNA DISTRICT. REP. BY ITS STATION HOUSE OFFICER. 5. UMA MAHESWARA RAO, S/O. NOT KNOWN, SI OF POLICE, VATSAVAI PS., VATSAVAI, NTR KRISHNA DISTRICT. 6. S BULLAIAH, S/O. NOT KNOWN, AGED- 38 YEARS, OCC- TEACHER, PRIMARY SCHOOL, REDLAKUNTA VILLAGE, KODADA MANDAL, SURYAPET DISTRICT, TELANGANA. ...RESPONDENT(S): Counsel for the Petitioner: 1. B SOMASEKHAR 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 or Direction more particularly one in the nature of Writ of Mandamus to directing the respondents (1) not to call the petitioner to the police station without registering the FIR against him as arbitrary, illegal and contrary to Article 21 of the Constitution of India and consequently direct 2 the respondents (2) to return the keys and car bearing registration N0.TG-O6E TR 9268 seized by the respondent No.4 (3) to return the cheques bearing Nos.000022, 000023 and 000024 bearing A/c. No.50100770756545, HDFC Bank, Gayatri Nagar X Roads, Karmanghat (4) to furnish the CC footage from 1- 00 on 17.10.2025 to 11-00 p.m. 18.10.2025 of respondent No.4 police station and (5) to take action against the respondent No.5 for illegally detaining the petitioner in respondent No.4 police station.” 2. Heard Sri Bobbili Somasekhar, learned counsel for the petitioner and Sri Md.Farooq, learned Assistant Government Pleader for Home. 3. Learned Assistant Government Pleader for Home, on written instructions, would submit that, based on the complaint made by one Babu Rao, who is the brother of respondent No. 6, the petitioner was called to the police station for enquiry, and that no crime has been registered against the petitioner. 4. Learned counsel for the petitioner would submit that the petitioner was called to the police station under the guise of an enquiry and was compelled to remain there for 34 hours. 5. Considering the submissions made, the Writ Petition is disposed of. However, the respondent No.2 is directed to look into the allegations made against the police officers in this regard and take appropriate decision according to governing Rules and Law. 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:04.11.2025 ASR 3 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.29732 of 2025 Dt.04.11.2025 Asr