Research › Search › Judgment

High Court of Andhra Pradesh · body

2026 DAILYLAW 1037 (AP)

VUTHARADHI SARITHA v. THE STATE OF ANDHRA PRADESH

WP/10248/2026 · 2026-04-21

Y Lakshmana Rao

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010188062026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY,THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 10248/2026 Between: 1. VUTHARADHI SARITHA, D/O. V. RATHNAMAHARI, AGED ABOUT 34 YEARS, OCC PRIVATE EMPLOYEE, R/O. MADANAPALLE TOWN AND MANDAL, ANNAMAYYA DISTRICT, ANDHRA PRADESH.- 517325 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT A.P.SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT-522238. 2. THE SUPERINTENDENT OF POLICE, ANNAMAYYA DISTRICT- 516269 3. THE SUBDIVISIONAL POLICE OFFICER, MADANAPALLE, MADANAPALLE TOWN ANNAMAYYA DISTRICT, ANDHRA PRADESH-517325 4. INSPECTOR OF POLICE, MADANAPALLE RURAL CIRCLE, MADANAPALLE TOWN, ANNAMAYYA DISTRICT, ANDHRA PRADESH-517325 5. THE STATION HOUSE OFFICER, MADANAPALLE I TOWN POLICE STATION MADANAPALLE TOWN, ANNAMAYYA DISTRICT-517325 ...RESPONDENT(S): Counsel for the Petitioner: 2 Dr.YLR, J W.P.No.10248 of 2026 Dated 22.04.2026 1. KOMARA PRUDHVI RAJ Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR HOME-15516/AP/15516/2017 The Court made the following: ORDER: The Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief:- <…to issue a writ order or direction more particularly one in the nature of a writ of mandamus declaring the action of the Respondents 2 to 5 in interfering with the live and liberty of the petitioner under the guise of registration of FIR No 76 of 2625 on the file of the 5th respondent police station and repeatedly summoning the petitioner as highly illegal arbitrary exercise of power contrary to law and also violative of Art 19 and 21 of the Constitution of India and consequently direct the respondents 2 to 5 not to interfere with my life and liberty and to pass such order(s).= 2. Heard the learned Counsel for the Petitioner and the learned Assistant Government Pleader for Home. 3. Sri Komara Prudhvi Raj, learned counsel for the Petitioner, submits that the Petitioner has been unnecessarily called by Respondent Nos. 2 to 5, thereby interfering with her life and liberty under the guise of registration of a case in Crime No. 76 of 2025 on the file of Respondent No. 5 police station. 4. Sri P. Ajay Babu, learned Assistant Government Pleader for Home, on written instructions, submits that the police have called the Petitioner only for the purpose of conducting the investigation. However, the Petitioner has not cooperated with Respondent No. 5 in receiving the notice contemplated under 3 Dr.YLR, J W.P.No.10248 of 2026 Dated 22.04.2026 Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity 8the BNSS9). 5. Having regard to the entire facts and circumstances of the case, the Writ Petition is disposed of with a direction to Respondent No. 5 to serve notice on the Petitioner under Section 35(3) of the 8the BNSS9. The Petitioner shall cooperate with the Investigating Officer in the conduct of the investigation. The Investigating Officer is directed to file appropriate proceedings before the jurisdictional Magistrate in accordance with law. Since the Petitioner is a female, she shall not be unnecessarily called to the police station without following the procedure contemplated under 8the BNSS9. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any pending shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 22.04.2026 KMS 4 Dr.YLR, J W.P.No.10248 of 2026 Dated 22.04.2026 186 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO Writ PETITION No.10248 of 2026 Date: 22.04.2026 KMS