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APHC010109812026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 5997/2026 Between:
1. KOMMA SRINIVAAS, S/O. KOMMA RAGHAVULU, AGED ABOUT 21 YEARS,R/O.61-9/1-8/1,
KALA NAGARA 2ND LINES, RAMALINGESWARA NAGAR,
NEAR SCREW BRIDGE, VIJAYAWADA
...PETITIONER AND
1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT,
VELGAPUDI,AMARAVATI,
GUNTUR DISTRICT.522241
2. THE COMMISSIONER OF POLICE, NTR POLICE COMMISSIONERATE, VIJAYAWADA, NTR DISTRICT 520002
3. THE STATION HOUSE OFFICER, MACHAVARAM POLICE STATION, NTR COMMISSIONERATE, NTR DISTRICT 52008
4. THE STATION HOUSE OFFICER, TASK FORCE,BESIDE VETERINARY HOSPITAL, BANDAR ROAD,VIJAYAWADA, NTR DISTRICT 520002
...RESPONDENT(S): Counsel for the Petitioner:
1. PILLIX LAW FIRM
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Counsel for the Respondent(S):
1. 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 declare the action of respondent no. 4 in threatening and harassing the petitioner by summoning him to the police station and also by taking the signatures of the petitioner on blank papers as absolutely illegal, unconstitutional, violation of article 21 of constitution of india and consequently direct the respondent no.4 to not to harass the petitioner and summon him to police station without there being in a crime against him….=
2. Heard the learned counsel for the Petitioner and the learned Assistant Government Pleader.
3. Mr.P.Kasi Nageswara Rao, learned counsel for the Petitioner, submits that Respondent No.4 has acted illegally by threatening and harassing the Petitioner, summoning him to the police station, and compelling him to sign blank papers.
4. Sri P.Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that substantial amounts have been transferred to the account of the Petitioner. The police are probing into the affairs relating to the receipt of such amounts in the Petitioner’s account. The police suspect the role of the Petitioner in the alleged offences, and therefore, he was called to the police station for investigation. It is submitted that the police have never harassed or threatened the Petitioner.
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5. It is well settled that, in the course of investigation, the police are empowered to summon any person acquainted with the facts and circumstances of the case for the purpose of enquiry. However, so long as the Petitioner is not shown as an accused, he shall not be subjected to unnecessary harassment or coercive action.
6. Considering the facts and circumstances of the case, and recording the
submissions made by the learned Assistant Government Pleader, this Writ Petition is disposed of directing the Respondent No.4 not to unnecessarily summon, threaten, or harass the Petitioner without any lawful basis. However, it is open to Respondent No.4 to proceed against the Petitioner in accordance with law, if it is disclosed during investigation that the Petitioner is involved in the commission of any alleged offence. The Petitioner is directed to cooperate with the Investigating Officer and produce relevant documents, as and when required.
7. 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: 03.03.2026 PRA
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60 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
WRIT PETITION NO: 5997 of 2026
Date: 03.03.2026 PRA