APHC010385762022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 24506/2022 Between: 1. PASUMARTHI RAMESH, S/O.VENKATARAMANA, HINDU, MALE, AGED 29YRS, R/O.PEDDA STREET, MADDUVALASA, SRIKAKULAM. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE SUPERINTENDENT OF POLICE, VISAKHAPATNAM. 3. THE CIRCLE INSPECTOR OF POLICE, PENDURTHI. VISAKHAPATNAM DISTRICT. 4. THE STATION HOUSE OFFICER, PENDURTHI, VISAKHAPATNAM DISTRICT. 5. YERRI NAIDU, S/O.SEETHARAMAYYA, H.NO.37-11-69/1, P R GARDENS, OPP ST ANNY SCHOOL, MURALINAGAR, VISKHAPATNAM (URBAN), INDUSTRIAL ESTATE, VISAKHSPATNAM, A.P., PIN530007, 6. KASIREDDI PRASAD, S/O.RAMAMURTHY, H.NO.6-29, KASIREDDYPALEM, LAKKAVARAPUKOTA, VIZIANAGARAM- 535161. 7. PITTA RADHA, W/O.GOPI, SEETAMDHARA, VISKHAPATNAM (URBAN), VISAKHSPATNAM-530007. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to declaring the action of the respondent police Nos.2 to 4 in calling the petitioner in civil dispute to the police station and the respondent-police not followed the procedure contemplated in Arnesh Kumar vs. State of Bihar and not issued any 41-A Cr.P.0 Notice, without calling the petitioner's explanation, which is quite illegal, arbitrary and against to the principles of natural justice and also violation of Articles 14, 19 and 21 of the Constitution of India and consequently to direct the respondent police Nos.2 to 4 to issue a 41-A Cr.P.0 notice to the petitioner 2 in any FIR in pursuance of the complaint made by the respondents 5 to 7 and to pass Counsel for the Petitioner: 1. SRINIVAS MANCHANAPALLI Counsel for the Respondent(S): 1. GP FOR HOME 3 The Court made the following: ORDER: This Writ Petition under Article 226 of the Constitution of India, has been filed, by the Petitioner for the following relief: < ... to declaring the action of the respondent police Nos.2 to 4 in calling the petitioner in civil dispute to the police station and the respondent-police not followed the procedure contemplated in Arnesh Kumar vs. State of Bihar and not issued any 41-A Cr.P.0 Notice, without calling the petitioner's explanation, which is quite illegal, arbitrary and against to the principles of natural justice and also violation of Articles 14, 19 and 21 of the Constitution of India and consequently to direct the respondent police Nos.2 to 4 to issue a 41-A Cr.P.0 notice to the petitioner in any FIR in pursuance of the complaint made by the respondents 5 to 7 and to pass ...= Heard learned counsel for the Petitioner and Learned Assistant Government Pleader for Home representing for respondent State. Perused the material on record. Learned Assistant Government Pleader on instructions would submit that the challenge in this Writ Petition is that respondent Police did not issue notice under Section 41-A Cr.P.C. Further, no crime is registered against the Petitioner. It is purely a civil dispute, that is why, respondent Police did not issue any notice to the Petitioner. Learned counsel for the Petitioner would submit that recording the said submission, this Writ Petition may be disposed of by passing appropriate orders. In that view, this Writ Petition is disposed of. Respondent Police are directed not to call the Petitioner to the Police Station except under due process of law. No order as to costs. 4 Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 07.01.2026 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 24506 of 2022 07.01.2026 Mjl /*