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2026 DAILYLAW 6141 (AP)

DINESH KUMAR JAIN v. THE STATE OF ANDHRA PRADESH

WP/17173/2026 · 2026-07-21

Maheswara Rao Kuncheam

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010326352026 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, THE 22 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 17173/2026 Between: 1. DINESH KUMAR JAIN, S/O RIKHAB CHAND CHHAJED, AGED ABOUT 57 YEARS, R/OA BLOCK KUMMARIPALEM CENTRE, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH- 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME AFFAIRS, A. P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH - 2. THE DIRECTOR GENERAL OF POLICE, DGP OFFICE, MANGALAGIRI, ANDHRA PRADESH 3. THE COMMISSIONER OF POLICE, NTR POLICE COMMISSIONERATE, NTR DISTRICT, ANDHRA PRADESH 4. THE STATION HOUSE OFFICER, . BHAVANIPURAM POLICE STATION, NTR DISTRICT, ANDHRA PRADESH 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 an appropriate Writ, Order or Direction, more particularly one in the nature of a WRIT OF CERTIORARI, quashing the docket order dated 16.03.2026 passed by the le C.F. No. 2260, whereby the Petitioners application under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, was returned at IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE 22nd DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 17173/2026 KUMAR JAIN, S/O RIKHAB CHAND CHHAJED, AGED ABOUT 57 YEARS, R/OA BLOCK-308, KOUSTHUBA NIVAS, KUMMARIPALEM CENTRE, VIJAYAWADA, NTR DISTRICT, 520 012 ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME AFFAIRS, A. P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, - 522238 THE DIRECTOR GENERAL OF POLICE, DGP OFFICE, MANGALAGIRI, ANDHRA PRADESH-522503 THE COMMISSIONER OF POLICE, NTR POLICE MISSIONERATE, NTR DISTRICT, ANDHRA PRADESH THE STATION HOUSE OFFICER, . BHAVANIPURAM POLICE STATION, NTR DISTRICT, ANDHRA PRADESH - 520012 ...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 issue an appropriate Writ, Order or Direction, more particularly one in the nature of a WRIT OF CERTIORARI, quashing the docket order dated 16.03.2026 passed by the learned Chief Judicial Magistrate,. Vijayaw the Petitioners application under Section 175(3) of the Suraksha Sanhita, 2023, was returned at IN THE HIGH COURT OF ANDHRA PRADESH [3504] THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM KUMAR JAIN, S/O RIKHAB CHAND CHHAJED, AGED 308, KOUSTHUBA NIVAS, KUMMARIPALEM CENTRE, VIJAYAWADA, NTR DISTRICT, ...PETITIONER THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME AFFAIRS, A. P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, THE DIRECTOR GENERAL OF POLICE, DGP OFFICE, THE COMMISSIONER OF POLICE, NTR POLICE MISSIONERATE, NTR DISTRICT, ANDHRA PRADESH - 520002 THE STATION HOUSE OFFICER, . BHAVANIPURAM POLICE ...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 issue an appropriate Writ, Order or Direction, more particularly one in the nature of a WRIT OF CERTIORARI, quashing the docket order dated Vijayawada, in the Petitioners application under Section 175(3) of the Suraksha Sanhita, 2023, was returned at the pre- 2 MRK,J W.P.No.17173 of 2026 numbering stage as not maintainable, and consequently direct the learned Chief Judicial Magistrate, Vijayawada, to receive, number and dispose of the said application in accordance with law, as expeditiously as possible and preferably within such time as may be stipulated by this Hon’ble Court, and pass Counsel for the Petitioner: 1. KARTHIK SHAH Counsel for the Respondent(S): 1. KARTHIK SHAH Counsel for the Respondent(S): 1. GP FOR HOME 3 MRK,J W.P.No.17173 of 2026 The Court made the following Order: Instant Writ Petition has been filed under Article 226 of the Constitution of India, seeking the following relief: “…..to issue an appropriate Writ, Order or Direction more particularly one in the nature of a WRIT OF CERTIORARI quashing the docket order dated 16.03.2026 passed by the learned Chief Judicial Magistrate, Vijayawada, in C.F.No.2260 whereby the Petitioner’s application under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita 2023 was returned at the pre-numbering stage as not maintainable, and consequently direct the learned Chief Judicial Magistrate, Vijayawada, to receive, number and dispose of the said application in accordance with law, as expeditiously as possible and to pass…..” 2. When the matter is taken up for hearing, the remarks dated 15.07.2026 submitted by the learned Chief Judicial Magistrate, Vijayawada, received by the Registry on 16.07.2026, are placed on record. 3. At this juncture, learned counsel for the petitioner submits that liberty may be granted to the petitioner to work out his legal remedies in accordance with law, in view of the subsequent events took place in the lis. 4. In view of the above, the Writ Petition is disposed of. The petitioner is at liberty to work out his legal remedies in accordance with law. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J Dated: 22.07.2026 MDP