APHC010146022026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE THIRTIETH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 7704/2026 Between: 1. CHODIPILLI PRABHU, S/O CHODIPILLI GUNESHWARA, AGED ABOUT 32 YEARS R/O D-NO 6-45-53/1, GOLLA VEEDHI, THAGARAPUVALASA, BHEEMUNIPATNAM, VISAKHAPATNAM DISTRICT. 2. CHODIPILLI SANDHYARANI,, W/O CHODIPILLI PRABHU, AGED ABOUT 28 YEARS, R/O D-NO 6-45-53/1, GOLLA VEEDHI, THAGARAPUVALASA, BHEEMUNIPATNAM, VISAKHAPATNAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY HOME DEP, A.P.SECRETARIAT, VELGAPUDI, AMARAVATI.522237 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUATERS, MANGALAGIRI.522503 3. THE COMMISSIONER OF POLICE, VISAKHAPATNAM COMMISSIONRATE VISAKHAPATNAM.530002 4. THE STATION HOUSE OFFICER, MUVVALAVANIPALEM POLICE STATION, VISAKHAPATNAM.530017 5. THE SUBINSPECTOR OF POLICE, MUVVALAVANIPALEM POLICE STATION VISAKHAPATNAM.530017 6. BOYI SANTHI, S/O SANKARA RAO,AGED ABOUT 43 YEARS, D- 2 NO.4-4-18, PEDAWALTAIR, PALAKIVARI STREET, VISAKHAPATNAM.530017 ...RESPONDENT(S): Counsel for the Petitioner(S): 1. T M K CHAITANYA 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 Issue writ or order more particularly one in the nature WRIT OF MANDAMUS declaring the impugned malafiade action of the 5th respondent calling the petitioner day in and day out to the police station in respect of F.I.R.No.53 of 2026, dt.02-03-2026 as highly arbitrary, unconstitutional and against the provisions under CRPC and article 14,21 of constitution of India and consequentially direct the respondents to follow due process of law ….” 2. Heard the learned counsel for the Petitioners and the learned Assistant Government Pleader. 3. Mr. Vardhineedi Sai Kiran, learned counsel for the Petitioners, submits that the Petitioners were neither shown as accused in the FIR nor were any allegations made against them, yet Respondent Nos.4 and 5 have been repeatedly calling the Petitioners to the Police Station and subjecting them to harassment. 4. Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that based on the confession given by Accused No.1, the names of the Petitioners came to light as persons who had also 3 committed the alleged offences of deceiving Respondent No.6, and therefore, for the purpose of further investigation, the Police have called the Petitioners to the Police Station. 5. Be that as it may, when the Petitioners are suspected to have committed offences along with Accused No.1, they are duty‑bound to cooperate with the Investigating Officer. 6. Considering the facts and circumstances of the case, and recording the submissions of the learned Assistant Government Pleader, the Writ Petition is disposed of directing the Respondent Police to follow due process of law as contemplated under the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’). Since all the offences are punishable with imprisonment below seven years, the Investigating Officer is directed to follow Section 35(3) of ‘the BNSS’ in accordance with law. The Petitioners shall cooperate with the Investigating Officer. 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: 30.03.2026 PRA 4 111 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 7704 of 2026 Date: 30.03.2026 PRA