Research › Search › Judgment

High Court of Andhra Pradesh · body

2026 DAILYLAW 2666 (AP)

Shaik Yasin v. The State of Andhra Pradesh

WP/14900/2026 · 2026-05-27

Balaji Medamalli

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010285432026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3573] THURSDAY, THE TWENTY EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 14900/2026 Between: 1. SHAIK YASIN, S/O GHOUSE BASHA, AGED ABOUT 24 YEARS, R/O EAST STREET, NEAR MOSQUE, MANUBOLU VILLAGE AND MANDAL SPSR NELLORE DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, SPSR NELLORE DISTRICT, NELLORE 3. THE DEPUTY SUPERINTENDENT OF POLICE, NELLORE RURAL NELLORE, SPSR NELLORE DISTRICT 4. THE INSPECTOR OF POLICE, PODALAKUR MANDAL, SPSR NELLORE DISTRICT 5. THE SUBINSPECTOR OF POLICE, MANUBOLU PS MANUBOLU VILLAGE AND MANDAL, SPSR NELLORE DISTRICT 6. SHAIK MAHABOOB BASHA, S/O CHINNA KALESHA, AGED ABOUT 32 YEARS R/O EAST STREET, NEAR MOSQUE, MANUBOLU VILLAGE AND MANDAL SPSR NELLORE DISTRICT, ANDHRA PRADESH ...RESPONDENT(S): 2 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 issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents, more particularly Respondent no.5, at the instance of Respondent No 6, in harassing the petitioner, by continuously calling over phone and also by repeatedly summoning to their Office and insisting the petitioner to settle the civil money dispute with respondent no.6 and further frequently interfering with petitioners peaceful life, liberty, and the legitimate right to receive part of amount, as illegal, irregular, irrational, arbitrary, without any authority of law and violative of Articles 14 and 21 of Constitution of India and consequently direct the respondents, particularly the Respondents No3 to 5 not to interfere in any manner with the Petitioners life and liberty and stop calling and summoning him in illegal manner except following due process of law and pass IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct Respondents No; 3 to 5 not to interfere in any manner with the Petitioner and stop calling and summoning him to their offices, pending disposal of the writ petition, and pass Counsel for the Petitioner: 1. PAWAN KUMAR MALAPATI Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 14900/2026 ORDER: This writ petition is filed under Article 226 of the Constitution of India by the petitioner 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 respondents, more particularly Respondent No.5, at the instance of Respondent No 6, in harassing the petitioner, by continuously calling over phone and also by repeatedly summoning to their Office and insisting the petitioner to settle the civil money dispute with respondent No.6 and further frequently interfering with petitioners peaceful life, liberty, and the legitimate right to receive part of amount, as illegal, irregular, irrational, arbitrary, without any authority of law and violative of Articles 14 and 21 of Constitution of India and consequently direct the respondents, particularly the Respondents Nos. 3 to 5 not to interfere in any manner with the Petitioners life and liberty and stop calling and summoning him in illegal manner except following due process of law …” 2. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioner submitted that the respondent-police are repeatedly summoning the petitioner to the police station at the instance of the respondent No.6 and interfering in civil disputes between the petitioner and the unofficial respondent. 4. Learned Assistant Government Pleader for Home submitted the written instructions received from the Station House Officer, Manubolu P.S., and the relevant portion of the written instructions is extracted hereunder: 4 “In this connection, it is submitted that on Respondent-6, Sri Shik Mahaboob Basha, S/o Chinnakalesha, age 32 years, R/o Est street, Near Mosque Manubolu village & Mandal, SPSR Nellore District, turned up to Manubolu PS and lodged a report, stating that he and petitioner jointly doing a hotel business at Manubolu village about one year ago, got losses in the business, further they stopped the Hotel, due to closeness the petitioner took 4 sovers of gold from the Respondent No. 6 wife and mortgaged the gold on the name of petitioner for his necessaries, further the petitioner did not return the gold to Respondent-6 wife, in this regard the respondent and his wife visit the Manubolu police station and gave report It is further submit that respondent No.5 asked the petitioner to come to police station for enquiry on the respondent-6 given petition only. It is further submit that the allegation levelled against 5th respondent that he harassing the petitioners is totally false and far from truth.” 5. Recording the same, the Writ Petition is disposed of. However, the respondent-police are directed not to call the petitioner to the police station without following the due procedure, contemplated under the provisions of the BNSS, 2023. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. ______________________ BALAJI MEDAMALLI, J Date: 28.05.2026 UPS 5 17 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 14900/2026 Date: 28.05.2026 UPS