APHC010655332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 33886/2025 Between: 1. DAMA HANUMANTHA RAO, S/O. D.VENKATESWARLU, AGED 44 YEARS, OCC FARMER R/O. D.NO. 1-5, DAMAVARIPALEM, ADDANKI (NORTH), BAPATIA DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, A.P SECRETARIAT OFFICE, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH, AMARAVATI, ANDHRA PRADESH. 3. THE SUPERINTENDENT OF POLICE, BAPATIA DISTRICT, ANDHRA PRADESH. 4. THE STATION HOUSE OFFICER, ADDANKI POLICE STATION, ADDANKI MANDAL, BAPATLA DISTRICT, ANDHRA PRADESH. ...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 pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents, particularly Respondent No. 4 - the Station House Officer, Addanki Police Station - in frequently and informally summoning and calling the petitioner, Dama Hanumantha Rao, to the Police Station without issuing any written notice or following the statutory procedure prescribed under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) as illegal, arbitrary, unconstitutional, and violative of the principles of natural justice and the fundamental rights guaranteed under Articles 14, 19, and 21 of the Constitution of India and consequently direct the Respondent Police Authorities not to summon, call, harass, coerce, or require the petitioner to attend the Police Station unnecessarily or without adherence to the due process of Jaw as mandated under the relevant statutory provisions Counsel for the Petitioner: 1. JADA SRAVAN KUMAR Counsel for the Respondent(S): 1. GP FOR HOME 2 The Court made the following: ORDER: This Writ Petition under Article 226 of the Constitution of India, has been filed, by the Petitioner for the following relief: “ ... to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents, particularly Respondent No.4 - the Station House Officer, Addanki Police Station - in frequently and informally summoning and calling the petitioner, Dama Hanumantha Rao, to the Police Station without issuing any written notice or following the statutory procedure prescribed under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) as illegal, arbitrary, unconstitutional, and violative of the principles of natural justice and the fundamental rights guaranteed under Articles 14, 19, and 21 of the Constitution of India and consequently, direct the Respondent Police Authorities not to summon, call, harass, coerce, or require the petitioner to attend the Police Station unnecessarily or without adherence to the due process of Jaw as mandated under the relevant statutory provisions...” Heard learned counsel for the Petitioner and Learned Assistant Government Pleader for Home representing for respondent State. Perused the material on record. Learned Assistant Government Pleader placed on record written instructions and would submit that basing on the complaint given by the complainant, who is a Police Constable, a case in Crime No.234 of 2025 is registered by respondent Police, wherein petitioner herein is arrayed as A.8, the allegation against him is that he is interfering in the duties of the Police Constable. During investigation, petitioner was called to the Police Station and requested to dispose of the Writ Petition by passing appropriate orders. 3 In that view, this Writ Petition is disposed of. Respondent Police are directed to follow due process of law. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 08.12.2025 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 33886 of 2025 08.12.2025 Mjl /*