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2026 DAILYLAW 1204 (AP)

ALUGOLU SRINIVAS KUMAR v. THE STATE OF ANDHRA PRADESH

WP/11377/2026 · 2026-04-27

Subhendu Samanta

body2026

Judgment text

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APHC010205172026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3560] TUESDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA WRIT PETITION NO: 11377/2026 Between: 1. ALUGOLU SRINIVAS KUMAR, S/0 ALUGOLU SOMA SEKHAR ACHARI, AGED ABOUT 50 YEARS, OCC BUSINESS, R/O BLOCK NO 11, GF6, RAJEEV GRUHAKALPA, DAIRY FORM CENTER, A M G ROAD, KAKINADA, KAKINADA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.522238. 2. THE SUPERINTENDENT OF POLICE, KAKINADA DISTRICT, KAKINADA.533001. 3. THE STATION HOUSE OFFICER, KAKINADA PORT POLICE STATION, KAKINADA, KAKINADA DISTRICT,533001 4. LAKSHMIPATI POTHULA, S/O NOT KNOW, AGED NOT KNOW, OCC CONSTABLE, R/O KAKINADA PORT POLICE STATION, KAKINADA, KAKINADA DISTRICT,533001. 5. GEDELA TATARAO, S/O NOT KNOW, AGED NOT KNOW, OCC HEAD CONSTABLE R/O KAKINADA PORT POLICE STATION, KAKINADA, KAKINADA DISTRICT,533001. 6. CH SRINIVAS, S/O NOT KNOW, AGED NOT KNOW, OCC CONSTABLE, R/O KAKINADA PORT POLICE STATION, KAKINADA, KAKINADA DISTRICT,533001. 2 ...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 a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in summoning the petitioner to the Respondent No.3 Kakinada Port Police Station and thereby threatening the petitioner with dire consequences, implication of false cases which is purely illegal, arbitrary and violative of fundamental rights guaranteed under Part-Ill of the Constitution of India and consequently direct the Respondent No.3 not to summon the petitioner to the Kakinada Port Police Station and pass IA NO: 1 OF 2026 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 herein not to summon the petitioner and family members to the Kakinada Port Police Station or take any coercive action against the petitioner without any procedure of law, as the same is highly illegal, arbitrary and violative of Article 14, 19 and 21 of the Constitution of India pending disposal of the writ petition and pass Counsel for the Petitioner: 1. M.V.RAMAKRISHNA KISHORE Counsel for the Respondent(S): 1.-- 3 The Court made the following Order: Instant writ petition is filed seeking necessary direction upon respondents 3 to 5 not to summon the petitioner to the Kakinada Port Police Station. 2. Learned Assistant Government Pleader for Home submitted written instructions contending inter alia that on the basis of the written complaint of 6th respondent/Ch.Srinivas, a preliminary enquiry was conducted. In pursuance of preliminary enquiry, petitioner was called to the police station. After completion of preliminary enquiry, police registered specific FIR No.25/2026 dated 18.04.2026 under Section 420 and 506 IPC. 3. Having heard the learned counsel for the parties, I find no justification to proceed further with the writ petition. Police authorities are directed to act according to law conclude investigation of FIR No.25/2026 as early as possible. 4. On the above observation, the instant Writ Petition is closed. There shall be no order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand disposed of. ____________________________ JUSTICE SUBHENDU SAMANTA Date : 28.04.2026 SPP 4 THE HON’BLE SRI JUSTICE SUBHENDU SAMANTA WRIT PETITION NO.11377 of 2026 Dated 28.04.2026 SPP