APHC010235842026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE 1st DAY OF OCTOBER 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 12480 OF 2026 Between: 1. Sri Arikapudi Rajkishan,, S/o. Satyanarayana, Aged about 36 years, Occupation Post-Doctoral, Flat No. 302, Sri Swarna Residency, Sriramnagar, Kanuru Village, Penamaluru Mandal, Vijayawada, Krishna District, R/o. 2218, Hallsy Circle, Davis City, California State, USA. Rep by his GPA holder Sri Arikapudi Satyanarayana, S/o Ramaiah, aged about 62 years. Occupation Agriculture, R/o Flat No. 302, Sri Swarna Residency, Sriramnagar, Kanuru Village, Penamaluru Mandal, Vijayawada, Krishna District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 522238. 2. The Director General of Police, Andhra Pradesh, Vijayawada, Guntur Highway, Mangalagiri, Guntur District. 522503 3. The Additional Director General of Police, Crime Investigation Department, DGP Complex, Mangalagiri, Guntur District, Andhra Pradesh - 522503. 4. The Superintendent of Police, Vijayawada, Krishna District. 521002 5. The Circle Inspector of Police, Patamata Police Station, Krishna District. 520007 6. The SubInspector of Police, Patamata Police Station, Vijayawada. 520007 ...Respondents 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 2 pleased to issue a Writ, Order or direction, particularly, one in the nature of Writ of Mandamus, declaring the action of the 3rd Respondent authorities in issuing of Red Corner Notice against the Petitioner in connection with Crime No. 1086 of 2021 dated 24.11.2021 on the file of Patamata Police Station, Vijayawada, i.e., the Police Station of the 6th Respondent for the alleged offences U/s 376(2)(n), 420, 342, 506 of I.P.C. and further action of the respondents more particularly 6th Respondent in obstructing and threatening arrest of the Petitioner in false case for his free entry and exit to India as illegal, arbitrary and violative of Articles 14, 19 and 21 of the Constitution of India and consequently set aside the said Red Corner Notice issued against the Petitioner in connection with Crime No. 1086 of 2021 dated 24.11.2021 on the file of Patamata Police Station, Vijayawada, for the alleged offences U/s 376(2)(n), 420, 342, 506 of I.P.C. 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 suspend all further proceedings and actions pursuant to the Red Corner Notice issued against the petitioner in connection with Crime No. 1086 of 2021 dated 24.11.2021 registered with Patamata Police Station, Vijayawada, on the file of IV Additional Chief Metropolitan Magistrate Court, Vijayawada, until the disposal of the present Writ Petition Counsel for the Petitioner: VENKAT CHALASANI Counsel for the Respondents: GP FOR HOME 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO:12480 of 2026 The Court made the following Order: Instant Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief: “to issue a Writ of Mandamus or any other appropriate writ, order or direction, more particularly one in the nature of Mandamus declaring above acts of the respondent No.3 and 4 as illegal, arbitrary and violative of Art.19(1)(g) and 14, 16 and 21 and 300A of constitution of India and also direct the respondent No. 3 and 4 to register F.I.R against the respondent no.5 to 9 (as per the directions of the Hon’ble 1 Additional Judicial Magistrate of First Class, Tirupati in Private Complaint C.F.No.1662 of 2026) and to pass” 2. Learned counsel for the petitioners submits that petitioner is accused in FIR in Crime No.1086 of 2021 of Patamata Police Station, Vijayawada, for the offences punishable under Section 376(2)(n), 420, 342 and 506 of the Indian Penal Code, 1860, and the same subsequently culminated into PRC No.68 of 2025 on the file of the IV Additional Chief Metropolitan Magistrate-cum- Additional Mahila Magistrate, Vijayawada. 3. He also states that, pending the criminal proceedings, at the instance of Police personnel, Patamata Police Station, Vijayawada impugned Red Notice No.A-10406/12-2022 dated 02.12.2022 was issued by the Central Bureau of Investigation, National Central Bureau-India, INTERPOL, New Delhi and the same is still in subsistence. 4 4. Learned counsel for the petitioner also read out the Order dated 29.07.2026 passed out by this Court in the instant Writ Petition, which is as under: “Sri K.S.Murthy, learned Senior Counsel assisted by Sri Venkat Chalasani, learned counsel for the petitioner submits that petitioner is accused in FIR in Crime No.1086 of 2021 of Patamata Police Station, Vijayawada, for the offences punishable under Section 376(2)(n), 420, 342 and 506 IPC. 2. He submits that in the said Crime, police filed preliminary charge sheet vide CF No.190 of 2022 before the learned IV Additional Chief Metropolitan Magistrate, Vijayawada on 27.01.2022. Challenging the same, petitioner filed Crl.P.No.7852 of 2022 before this Court, wherein this Court passed an interim order dated 28.09.2022, which reads as under: “Considering the submissions made and perusing the material on record, this Court is of the prima facie opinion that the registration of crime and further proceedings against the petitioner are not sustainable in Law. Hence, there shall be interim stay of all further proceedings in C.F.No.190 of 2022 on the file of the Court of the Learned IV Additional Chief Metropolitan Magistrate, Vijayawada, Krishna District.” 3. He states that while the interim order dated 28.09.2022 passed by this Court is still in subsistence, at the instance of respondent police, issuance of Red Corner Notice dated 02.12.2022 by the concerned authority, against the petitioner, which is per-se illegal and contrary to the letter and spirit of this Court’s Order dated 28.09.2022. 4. He submits that in view of the stay granted by this Court, as of now, trial has not yet scheduled and the petitioner is residing in United States of America, due to his employment. 5. He elaborates that in pursuance of the Red Corner Notice dated 02.12.2022, Immigration Authorities, at United States of America are taking steps to deport the petitioner to India and the petitioner is kept in Detention Centre at U.S. Immigration and Customs Enforcement, which leads to multifarious problems to the petitioner and his dependents as well. 6. Substantiating his assertions, learned Senior Counsel relied on the legal principle of the High Court of Karnataka at Bengaluru in Mohamed Ashiq Vs. Union of India and Ors1. 1 WP No.6111 of 2026 (GM-Police) order dated 27.03.2026 5 7. On the other hand, learned Assistant Government Pleader for Home has not disputed the subsistence of interim order dated 28.09.2022 in Crl.P.No.7852 of 2022. 8. Considering the facts and circumstances of the case and as the interim order dated 28.09.2022 in Crl.P.No.7852 of 2022 is in subsistence and taking note of the legal principle in Mohammed Ashiq’s case, coupled with the petitioner’s right to life guaranteed object and intendment of Article 21 of the Constitution of India, there shall be an interim suspension of all further proceedings in Red Corner Notice dated 02.12.2022 issued against the petitioner, in connection with Crime No.1086 of 2021 of Patamata Police Station, Vijayawada, for a period of ten (10) weeks. 9. List on 01.10.2026.” 5. He further states that during pendency of present Writ Petition, proceedings in PRC No.68 of 2025 on the file of the IV Additional Chief Metropolitan Magistrate-cum-Additional Mahila Magistrate, Vijayawada are quashed by this Court by Order dated 22.09.2026 in Crl.P.No.7852 of 2022. 6. He lastly submits that even after quashment of entire criminal proceedings by this Court, continuance of Red Notice against the petitioner is per se illegal and against the constitutional ethos, which also leads to multifarious problems to the petitioner in multiple ways. 7. Learned Assistant Government Pleader for Home on instructions submits that he will communicate the Order of this Court dated 22.09.2026 in Crl.P.No.7852 of 2022 to the concerned police personnel, for taking appropriate action, in accordance with the law. 8. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home and perused the entire material available on record. 6 9. Considering the facts and circumstances of the case, without going into the merits of the case and in view of the material available on record, this Writ Petition is disposed of at the stage of admission itself, with the following terms: i. Petitioner is hereby directed to prefer a written representation with all pre-requisites and details of Red Notice No.A-10406/12-2022 dated 02.12.2022 issued by the Central Bureau of Investigation, National Central Bureau-India, INTERPOL, New Delhi to the concerned Station House Officer and Unit Officer as well, annexing a certified copy of the Order dated 22.09.2026 in Crl.P.No.7852 of 2022; and ii. On such receipt, concerned police personnel shall take appropriate steps in respect of Red Notice No.A-10406/12-2022 dated 02.12.2022 was issued by the Central Bureau of Investigation, National Central Bureau-India, INTERPOL, New Delhi, in accordance with the law, expeditiously, keeping note of object and intendment of Article 21 of the Constitution of India and communicate the same to the petitioner forthwith. There shall be no order as to costs. As a sequel, Interlocutory applications pending, if any, shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 01.10.2026 Note: Issue CC by 06.10.2026 B/o. PSA 7 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 12480 of 2026 Date: 01.10.2026 Note: Issue CC by 06.10.2026 B/o. PSA