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2026 DAILYLAW 14197 (AP)

SHEIK MASTANVALI v. THE STATE OF AP

WP/42/2026 · 2026-01-05

Venkata Jyothirmai Pratapa

body2026

Judgment text

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APHC010000552026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 42/2026 Between: 1. SHEIK MASTANVALI, S/O.SHEIK SHARIFF, AGED ABOUT 35 YEARS, R/O. 1-73/B, MOKKAPADUROAD, REDDY GUDEM, GUNTUR TOWN, GUNTUR DISTRICT. 2. GOVALATHOTI ANUSHA,, S/O.SHEIK MASTANVALI, AGED ABOUT 35 YEARS, R/O. 1 -73/B, MOKKAPADU ROAD, REDDY GUDEM, GUNTUR TOWN, GUNTUR DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, REP .BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT A.P SECRETARIAT OFFICE, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE SUPERINTENDENT OF POLICE, GUNTUR DISTRICT, ANDHRA PRADESH. 3. THE DEPUTY SUPERINTENDENT OF POLICE, GUNTUR EAST SUB DIVISION, GUNTUR DISTRICT, ANDHRA PRADESH. 4. THE CIRCLE INSPECTOR, OLD GUNTUR POLICE STATION, GUNTUR DISLRICF, ANDHRA PRADESH. 5. THE SUB INSPECTOR, OLD GUNTUR POLICE STATION, GUNTUR DISTRICT, ANDHRA PRADESH. 6. SARIHADDU MANNERAO, S/O. MOHANA RAO, AGED ABOUT 44 YEARS, R/O.53-138, 5TH LANE RTC COLONY, GUNTUR 2 ...RESPONDENT(S): Counsel for the Petitioner(S): 1. ANAND KUMAR KOCHIRI Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 42/2026 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: <…to issue a Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondents more particularly respondent Nos. 4 to 5, who are harassing the Petitioner by repeatedly calling the Petitioners to the Police Station without any justifiable reason even after serving the Notice U/s.41(A) Cr.P.C., in respect to the Crime No. 354/2023 on the file of Old Guntur Police Station and making us to wait all day in the Police Station and threatening to arrest me by invoking the provisions under SC/ST POA, which is illegal irregular, arbitrary, against to the Principles of Natural Justice and violative of Articles 14, 19, and 21 of the , Constitution of India and consequently direct the Respondent Nos. 4 and 5 not to call and the harass the Petitioners unnecessarily by calling to the Police Station.…= 2. Heard Sri Anand Kumar Kochiri, learned counsel for the petitioners and Sri.P.Ajay Babu, learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the petitioner would submit that the police are calling the petitioners to the police station repeatedly even after serving the notice under Section 41(A) of Cr.P.C., in respect of the Crime No.354 of 2023 on the file of Old Guntur Police Station and making them wait all day in the police station. 4. Learned Assistant Government Pleader for Home, on written instructions, would submit that on the complaint made by the respondent 4 No.6, a case in Cr.No.354 of 2023 under Sections 420, 323, 509 & 506 of IPC of Old Guntur P.S., was registered against the petitioners. He would further submit that while serving the notices under Section 41(A), the respondent- police have informed the petitioners to submit their Aadhaar Cards, but they did not submit them. Therefore, on 31.12.2025, a phone call was made to the petitioners to submit their Aadhaar Cards for the purpose of investigation only. 4. Learned counsel for the petitioners would submit that recording the same, the petition may be disposed of. 5. Considering the submissions made, this Writ Petition is disposed of. However, the police are directed to follow due process of law regarding the crime which has been registered against the petitioners. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 06.01.2026. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 42/2026 Dated.06.01.2026 UPS