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High Court of Andhra Pradesh · body

2025 DAILYLAW 9293 (AP)

Janibasha D, v. The State of Andhra Pradesh,

WP/6243/2020 · 2025-09-09

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010102402020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 6243/2020 Between: 1. JANIBASHA D,, S/O. SHAREEF, AGED ABOUT 30 YRS, OCC. LABOURER, R/O. PEDAGARLAPADU VILLAGE, DACHEPALLI MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, A.P. 2. THE SUPERINTENDENT OF POLICE, KRISHNA DISTRICT, ANDHRA PRADESH. 3. THE STATION HOUSE OFFICER, KRISHNA LANKA P.S., VIJAYAWADA, KRISHNA DISTRICT, A.P. ...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 toto issue a writ of Mandamus or any other appropriate writ, order or direction declaring the action of the respondents, especially 3rd respondent, in interfering with the personal liberty of the petitioner by sending his subordinates to the residence of the petitioner and summoning him to the Police Station without there being any cause or reason, under the guise of investigation in connection with some criminal case of the 3rd respondent P.S., though the petitioner is not connected with any criminal case in any manner whatsoever, as illegal, arbitrary and unjust, violative of principles of natural justice, violative of Fundamental Rights guaranteed under Articles 14, 19 and 21 of the Constitution of India and consequently, direct the 3rd respondent not to summon the petitioner to the 3rd respondent police station without following the procedure contemplated under law and to pass IA NO: 1 OF 2020 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 not to interfere with the personal liberty of the petitioner by summoning him to the police station without there being any complaint against him, and to pass Counsel for the Petitioner: 1. SOMISETTY GANESH BABU Counsel for the Respondent(S): 1. GP FOR HOME (AP) The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 6243 of 2020 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue a writ of Mandamus or any other appropriate writ order or direction declaring the action of the respondents especially 3rd respondent in interfering with the personal liberty of the petitioner by sending his subordinates to the residence of the petitioner and summoning him to the Police Station without there being any cause or reason under the guise of investigation in connection with some criminal case of the 3rd respondent P S though the petitioner is not connected with any criminal case in any manner whatsoever as illegal arbitrary and unjust violative of principles of natural justice violative of Fundamental Rights guaranteed under Articles 14 19 and 21 of the Constitution of India and consequently direct the 3rd respondent not to summon the petitioner to the 3rd respondent police station without following the procedure contemplated under law and pass.…” 2. Heard Sri S.Ganesh Babu, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the petitioner would submit that aggrieved by the action of the 3rd respondent is interfering with the personal liberty of the petitioner by summoning him to police station without there being any reason or any criminal case against him, the present writ petition is filed. Learned counsel would further submit that a direction may be given to the respondent- police not to summon the petitioner to the petitioner without there being any reason. 4. Learned Assistant Government Pleader would submit that the Court may pass appropriate orders. 5. Considering the submissions, the Writ Petition is disposed of directing the police not to call the petitioner to the police station since no crime has been registered against the petitioner. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ Dr.VENKATA JYOTHIRMAI PRATAPA, J Date: 10th September, 2025 RKS