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2025 DAILYLAW 7893 (AP)

KAVALA VENKATA NARASIMHAM v. THE STATE OF ANDHRA PRADESH

WP/4541/2025 · 2025-02-21

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

I 1^\9 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVA (Special Original Jurisdiction) / f FRIDAY, THE TWENTY FIRST DAY OF FEBRUARY f TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 4541 OF 2025 C Q C W Between: Kavala Venkata Narasimham, S/o K. Surya Narayana, Aged about 44 years, Occ Business, Villa No.29, Sunny Isles Pedarushikonda IT Junction Road, Visakhapatnam, A.P. State -530045 ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary (Home), Secretariat, Velagapudi, Amaravathi. 2. The Director General of Police, Mangalagiri, Guntur District 3.1 Additional Superintendant of Police CID, Crime Investigation Department, Regional Office , NH-16, Beside Bommuru PS Rajamahendravaram ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to Issue a Writ or Order or Direction more particularly one i.. the nature of a Writ of Mandamus declaring the action of the respondents particularly respondents 3 4 are trying to interfere into the Petitioners Personal Liberty by Unlawful manner without issuance of any Notice or Summons or Without following the Procedure as required under the Law as well as without issuance of any Notice as Contemplated under the Law including following the Guidelines of Hon’ble Apex Court in Arnesh Kumar’s case before taking any Coercive Steps all are Illegal, Unlawful, Violation of Procedure and violation of Principles of Natural justice Consequently direct the respondents 3 and 4 to strictly follow the may in Procedure as required under the law as well as the guidelines of Hon'ble Apex Court and not to take any Coercive Steps against the petitioner in the interest of the justice. lA 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 respondents 3 and 4 to Strictly to follow the Procedure as required under the law as well as the guidelines of Hon’ble Apex Court in ARNESH KUMARS Case and not to take any Coercive Steps against the petitioner pending disposal of the main Writ Petition in the interest of the justice. Counsel for the Petitioner: SRI R SIVA SAI SWARUP Counsel for the Respondents: GP FOR HOME The Court made the following order: ^ > APHC010082042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY ,THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 4541 OF 2025 Between: Kavala Venkata Narasimham ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.R SIVASAI SWARUP Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following: ORDER:- The instant Writ Petition is filed under Article 226 of the Constitution of India for the following relief: to issue a Writ of Mandamus declaring the action of the respondents particularly respondents 3 4 are trying to interfere into the Petitioners Personal Liberty by Unlawful manner without issuance of any Notice or Summons or Without following the Procedure as reguired under the Law as well as without issuance of any Notice as Contemplated under the Law including following the Guidelines of Honble Apex Court in Arnesh KumarS case before taking any Coercive Steps all are Illegal Unlawful Violation of V Procedure and violaiton of Principles of Natural justice Consequently direct the respondents 3 and 4 to strictly follow the Procedure as required under the law as well as the guidelines of Honble Apex Court and not to take Coercive Steps against the petitioner in the interest of the Justice” 2. Heard Sri R. Siva Sai Swarup, learned counsel for the petitioner and learned Government Pleader, Home for the respondents. 3. Learned counsel for the petitioner would submit that the petitioner is a registered Civil Contractor and doing contract works for the Central and State Governments. Earlier the respondent/ police registered a Crime No. 564 of 2021 under Sections 406, 419, 420, 465 of IPC. The petitioner has filed W.P.No.1946 of 2022 and this Court directed the respondents to follow the procedure under Section 41-A of Cr.P.C. The petitioner came to know tha t the respondents 3 and 4 are making hectic efforts including to take steps for arrest in connection with a Crime No. 22 of 2024 registered against the petitioner without following due process of law. 4. Though the petitioner made several allegations in the writ affidavit filed along with the writ petition, the truth or otherwise in those allegations need not be adjudicated by this Court. In view of the submission made by the learned Government Pleader for Home that the respondent authorities will follow due process of law. 5. Recording the submissions of both the counsel, this Writ Petition is disposed of. The respondents are directed not to take any coercive steps against the petitioners, except by due process of law. There shall be as to costs. any coercive no order \ t As a sequel, Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed. Sd/- A.VENUGOPAL RAO ASSISTANT REGISTRAR //TRUE COPY// S OFFICER To, 1. The Principal Secretary (Home), State of Andhra Pradesh, Secretariat Velagapudi, Amaravati, Guntur District. The Director General of Police, Mangalagiri, Guntur District. The Additional Superintendant of Police CID, Crime Investigation Department, Regional Office, NH-16, Beside Bommuru PS, Rajamahendravaram One CC to Sri R Siva Sai Swarup, Advocate [OPUC] Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] Two CD Copies 2. 3. 4. 5. 6. RAM ' 7 V, HIGH COURT DATED:21/02/2025 ORDER I 2 t FEB 2025 ^ Current Section 1 WP.No.4541 of 2025 DISPOSING OF THEWP WITHOUT COSTS