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2025 DAILYLAW 56394 (AP)

Nakka Raja Praveen v. The State of Andhra Pradesh

WP/1412/2021 · 2025-10-07

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010019502021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 1412 OF 2021 Between: 1. Nakka Raja Praveen, S/o Vara Prasada Rao, R/O D.No.11-3-30/2, Chintapalli Suranna Nagar, Ramachandrapuram, East Godavari District, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principle Secretary, Home DepartmentVelagapudi, Guntur District, Andhra Pradesh. 2. The Superintendent of Police, Guntur Urban, Guntur District, Andhra Pradesh. 3. The Superintendent of Police, Guntur Rural, Guntur District, Andhra Pradesh. 4. The Station House Officer, Women Police Station, Nagaram palem, Nagaram palem, Guntur Urban Guntur District, Andhra Pradesh. 5. The Station House Officer, Nallapadu, Nallapadu, Guntur Rural, Guntur District, Andhra Pradesh. 6. Dr Nakka Ramya alias Didla Ramya, W/o Dr. Nakka Raja Praveen, Flat No.203, Tejaswini Apartments, Sakuntala Nagar line-2, Opp. Sri Chaitanya Techno School, Reddipalem, Inner Ring road, Guntur, Guntur District, Andhra Pradesh. ...Respondents Counsel for the Petitioner: V SAI KUMAR Counsel for the Respondents: GP FOR HOME Counsel for the Respondents:G KONDALA RAO The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 1412 of 2021 ORDER: 1. This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue a Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent no. 4 and 5 herein in calling the petitioner and his family members basing on the alleged report made by the 6th respondent who is the wife of the petitioner without registering a crime as per Law as well as without following the procedure contemplated under Section 41-A of CRPC as well as the Verdict of the Apex Court (Arnesh Kumar Vs State of Bihar) as illegal, arbitrary and also contemptuous in nature consequentially direct the respondents no. 4 and 5 herein to scrupulously follow Section 41-A CRPC and the guidelines issued by the Apex Court (Arnesh Kumar Vs State of Bihar) if the respondents 4 and 5 desires to register a crime against the petitioner and his family members if they found any cognizable offences.” 2. Heard Sri V.Sai Kumar, learned counsel for petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for respondents. Learned counsel for unofficial respondent, Sri G.Kondala Rao is in attendance. 3. Learned counsel for petitioner submits that basing on the complaint of unofficial respondent, petitioner was called to the police station for issuance of Section 41A CrPC notice. 4. Learned Assistant Government Pleader for Home, on instructions, submits that police never called the petitioner to the police station and are not troubling the petitioner. 5. Recording the same, the writ petition is disposed of. However, police are directed to follow due process regarding the crime which is registered against the petitioner. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 08.10.2025 Dvs THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 172 WRIT PETITION NO: 1412/2021 Date: 08.10.2025 Dvs