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2026 DAILYLAW 16762 (AP)

SRI SRINIVASA RAO MARAKA v. THE STATE OF AP

WP/3960/2026 · 2026-02-17

Y Lakshmana Rao

body2026

Judgment text

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APHC010067342026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY,THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 3960/2026 Between: SRI SRINIVASA RAO MARAKA, ,S/O GOVARDHANA RAO, AGED ABOUT 58 YEARS, EX-MPTC, OCC CULTIVATION, R/6 D.NO. 9-23, CHINTAYAPALEM VILLAGE, KARLAPALEM MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH- 522111, MOBILE NO. 9010496099. ...PETITIONER AND 1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI,AMARAVATI, ANDHRA PRADESH -522238 2. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH STATE, POLICE HEADQUARTERS, MANGALAGIRI, GUNTUR DISTRICT - 522502 3. THE SUPERINTENDENT OF POLICE, BAPATLA DISTRICT, ANDHRA PRADESH. - 522101 4. THE STATION HOUSE OFFICER/ SUBINSPECTOR OF POLICE, EPURUPALEM POLICE STATION, BAPATIA DISTRICT, ANDHRA PRADESH. -522501. 5. THE STATION HOUSE OFFICER / SUB INSPECTOR OF POLICE, KARLAPALEM POLICE STATION, BAPATIA DISTRICT, ANDHRA PRADESH. - 522111. ...RESPONDENT(S): 2 Dr. YLR, J W.P.No.3960 of 2026 Dated 18.02.2026 Counsel for the Petitioner: MEDARA SIVA PRASAD 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 particularly one in the nature of Mandamus declaring the action of the Respondent Police in coercing the Petitioner to depose falsely and threatening him with false Implication as illegal arbitrary unconstitutional and violative of Articles 14 and 21 of the Constitution of India and Consequently direct the Respondents not to call summon threaten or harass the Petitioner to the police station in connection with FIR No 255 of 2025 or any other case except by following due process of law and to pass….” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader. 3. Sri M.Siva Prasad, learned counsel for the petitioner, submits that respondents’ police have been continuously calling the petitioner to the police station and subjecting him to harassment, which is violative of Articles 14 and 21 of the Constitution of India. 4. Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that the police called the petitioner only for the purpose of conducting a preliminary enquiry under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the BNSS’). The 3 Dr. YLR, J W.P.No.3960 of 2026 Dated 18.02.2026 petitioner was called only for the purpose of enquiry in connection with Crime No.255 of 2025 of Chirala Rural Police Station, Bapatla District, and was never unnecessarily summoned to the police station. 5. Considering the above submissions of the learned Assistant Government Pleader, this Writ Petition is disposed of with a direction not to call the petitioner further to the police station unnecessarily without following the due process of law. If it is found that the petitioner has committed any offence, the Investigating Officer is at liberty to take appropriate action in accordance with law. 6. In the result, the Writ Petition is disposed of. 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: 18.02.2026 RSI 4 Dr. YLR, J W.P.No.3960 of 2026 Dated 18.02.2026 184 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 3960 of 2026 Date: 18.02.2026 RSI