APHC010127932026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE TWENTY THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 6740/2026 Between: 1. KURASALA KALYAN KRISHNA BABU, C/O. SATYANARAYANA KURASALA, AGED 49 YEARS, OCC BUSSINESS R/O. D.NO.70-3- 40/5A, VIDYA NAGAR 1, KAKINADA, KAKINADA DISTRICT-533003. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.522237 2. 2. THE STATION HOUSE OFFICER, SARPAVARAM POLICE STATION, SARPAVARAM, KAKINADA, KAKINADA DISTRICT.533005 3. THE SUPERINTENDENT OF POLICE, KAKINADA, KAKINADA DISTRICT. 533003 ...RESPONDENT(S): Counsel for the Petitioner: 1. SRIPATHI RAVI TEJA Counsel for the Respondent(S): 1. GP FOR HOME 2 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 the nature of Writ of Mandamus declaring the action of the 2nd respondent in interfering with the peaceful life of the petitioner on the ground that crime No.14/2026 has been registered wherein it is alleged that the petitioner's assistant attacked the complainant as illegal, arbitrary and in violation of Article 21 of the Constitution and to pass….” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader. 3. Mr. Sripathi Ravi Teja, learned counsel for the petitioner, submits that this Writ petition is filed questioning the action of the respondent police, who 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 a case in Cr.No.14/2026 was registered against the petitioner at the behest of some 3rd party for the offence punishable under sections 126(2), 115 (2) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’) wherein the petitioner was shown as Accused No.2. In that connection only, the petitioner was called to the police station for the purpose of conducting investigation. 3 5. Be that as it may, when a case was registered against the petitioner, the petitioner has got alternative efficacious remedy of filing appropriate petition under the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the BNSS’). The learned Assistant Government Pleader further submits that the investigating officer tried to issue a notice contemplated under section 35(5) of ‘the BNSS’, but the petitioner was not available to receive the said notice. 6. Considering the entire facts and circumstances of the case and recording the submissions of the learned Assistant Government Pleader, this Writ Petition is disposed of, directing the investigating Officer to follow section 35 (3) of ‘the BNSS’, the petitioner shall cooperate with the Investigating Officer in that regard. The Investigating officer is at liberty to proceed in accordance with law for the purpose of investigation. 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: 23.03.2026 SSA/CMK 4 162 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 6740 of 2026 Date: 23.03.2026 SSA/CMK