APHC010040252026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE NINTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 2504/2026 Between: 1. VANAMA VAMSI, S/O.SATYANARAYANA, AGED ABOUT 38 YEARS, OCC PRIVATE EMPLOYEE, R/O. FLAT NO.711, SREE KALPA PRISTINE, A BLOCK, SAI NAGAR ROAD, NEAR VNR VIGNAN JYOTHI COLLEGE, PRAGATHI NAGAR, NIZAMPET, MEDCHAL, MALKAJGIRI, TELANGANA STATE. PETITIONER ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 522238 2. THE SUPERINTENDENT OF POLICE, PALNADU DISTRICT, NARASARAOPET.522601 3. THE STATION HOUSE OFFICER, KROSURU POLICE STATION, KROSURU PALANADU DISTRICT. 522410 4. THE SUBINSPECTOR OF POLICE, KROSURU POLICE STATION, PALNADU DISTRICT. 522410 5. VANAMA ROJA, W/O.VANAMA VAMSI, AGED ABOUT 33 YEARS, OCC HOUSE WIFE R/O. ANDUKRU VILLAGE, KROSURU MANDAL, NEAR BY ANDUKURU SCHOOL, PALNADUDISTRICT. 522410 ...RESPONDENT(S): 2 Dr. YLR, J W.P.No.2504 of 2026 Dated 09.03.2026 Counsel for the Petitioner: P V N KIRAN KUMAR Counsel for the Respondent(S): GP FOR HOME 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 nature of Writ of Mandamus declaring the notice, dated 20-01-2026 issued by the respondent No.4 under Section 94 of BNSS directing the petitioner to handover 8 items and further confirming in the notice itself that the allegations against the petitioner are proved and directing to appear before him on 24-01-2026 (even though the notice was served on 23-01-2026) as illegal, arbitrary, contrary to the provisions of BNSS, apart from be violative fundamental rights, guaranteed to me under articles 14, 19 and 21 of the constitution of India and consequently set aside the same and pass….” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader. 3. Sri P.V.N. Kiran Kumar, learned counsel for the petitioner, submits that respondent No. 4 has issued a notice contemplated under Section 94 of the B.N.S.S., calling upon the petitioner to produce certain gold ornaments, a bank passbook, and a marriage certificate. It is further submitted that, while issuing the said notice, respondent No. 4 has pre-judged the allegations against the petitioner and other accused as if they stood 3 Dr. YLR, J W.P.No.2504 of 2026 Dated 09.03.2026 proved. The Investigating Officer ought not to have made such observations in the notice. 4. Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that the petitioner and respondent No. 5 are having matrimonial disputes, and in that connection, respondent No. 5 lodged a complaint before respondent No. 3 on 13.01.2025. Based on the said complaint, a case in Crime No. 8 of 2026 was registered against the petitioner. After completion of investigation, a charge sheet was filed before the learned I Additional Civil Judge, Sattenapalle, on 27.01.2026, which was taken on file as C.C. No. 32 of 2026. Hence, it is urged that the Writ Petition be dismissed. 5. In view of the above, the Investigating Officer cannot misuse the powers by issuing a notice under Section 94 of ‘the B.N.S.S.’, requiring the petitioner to produce the aforesaid gold ornaments and documents while making prejudicial observations. Moreover, after completion of investigation and filing of the charge sheet, it is not within the domain of respondent No. 4 to conduct any further inquiry or investigation without obtaining appropriate permission from the learned Jurisdictional Magistrate through such notice without obtaining appropriate orders from the learned Magistrate for further investigation. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs. 4 Dr. YLR, J W.P.No.2504 of 2026 Dated 09.03.2026 As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 09.03.2026 PBS 5 Dr. YLR, J W.P.No.2504 of 2026 Dated 09.03.2026 255 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 2504 of 2026 Date: 09.03.2026 PBS