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2026 DAILYLAW 2156 (AP)

MANCHINENI SURENDRANATH v. THE STATE OF ANDHRA PRADESH

WP/11378/2026 · 2026-05-03

Y Lakshmana Rao

body2026

Judgment text

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APHC010225942026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE FOURTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 11378/2026 Between: 1. MANCHINENI SURENDRANATH, S/O JAGAN MOHAN RAO, AGED ABOUT 55 YEARS, OCC AGRICULTURE, R/O D. NO. 1-189/1, DIDUGU VILLAGE AMARAVATI MANDAL, PALNADU DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT-522237. 2. THE SUPERINTENDENT OF POLICE, NARASARAOPETA, PALNADU DISTRICT.522601 3. THE STATION HOUSE OFFICER, AMARAVATI POLICE STATION, AMARAVATI, PALNADU DISTRICT.522020 ...RESPONDENT(S): Counsel for the Petitioner: 1. KOCHIRI RAJA SHEKAR 2 Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: ORDER: The Writ Petition has been filed for the following relief: “…to issue any writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the 3rd respondent and his police personnel in calling the petitioner to the police station and making the petitioner to sit, without following the due process of law as illegal, violative of Articles 14 and 21 of the Constitution of India and consequently direct the 3rd respondent not to harass the petitioner by calling him to the police station…” 2. Heard the learned counsel for Petitioners and learned Assistant Government Pleader. 3. Mr. Kochiri Raja Shekar, learned counsel for the Petitioner, submits that the Petitioner has been called to the Police Station without any basis and has been harassed by the Respondent Police. 4. Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that third parties have lodged a complaint against the Petitioner, which was registered as Cr.No.47/26 under Sections 118(2) and 351(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity, ‘the BNS’), and that investigation is in progress. It is in connection with the said investigation that the Petitioner was called to the Police Station. 5. Having regard to the facts and circumstances of the case, the Writ Petition is disposed of, requiring the Petitioner to take appropriate steps in 3 accordance with law. The Investigating Officer is directed to comply with the guidelines issued by the Hon’ble Apex Court in Arnesh Kumar v. State of Bihar1, and also with the provisions of Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the BNSS’). If, in the course of investigation, it is noticed that the Petitioner has committed any offence punishable with imprisonment beyond seven years, the Investigating Officer shall be at liberty to proceed in accordance with law. 6. Accordingly, 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: 04.05.2026 PRA 1 (2014) 8 SCC 273 4 147 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 11378 of 2026 Date: 04.05.2026 PRA