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2026 DAILYLAW 9595 (AP)

Nakka Suresh Kumar v. The State of Andhra Pradesh,

WP/23711/2026 · 2026-09-01

Maheswara Rao Kuncheam

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010431922026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] WEDNESDAY, THE 2nd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 23711/2026 Between: 1. NAKKA SURESH KUMAR, S/O GOVINDH REDDY, AGED ABOUT 22 YRS. R/O D.NO 5-19-26/222, NEAR ELEMENTARY SCHOOL. RH COLONY CHUKKAVANIPALEM COLONY, GAJKUWAKA, PEDAGANTYADA, VISAKHAPATNAM CITY, AADHAR NO. 64380927973, PHONE NO 8520824487. 2. CHUKKA PAWAN KUMAR, S/O SRINIVASA RAO, AGED ABOUT 26 YRS, R/O.D.NO 5-19-26/285, CHUKKAVANIPALEM COLONY, GAJKUWAKA, PEDAGANTYADA, VISAKHAPATNAM CITY, AADHAR NO. 71059665312. 3. ESURU SUNIL REDDY, S/O RAGHUNADH REDDY, AGED ABOUT 22 YRS, R/O D.NO 5-19-26/195, CHUKKAVANIPALEM COLONY, GAJKUWAKA, PEDAGANTYADA, VISAKHAPATNAM CITY, N/O KONDAYYAVALASA, AGANAMPUDI, AADHAR NO. 688561064235. 4. KAKI TEJA REDDY, S/O GOVINDHA REDDY LATE, AGED ABOUT 24 YRS, R/O D.NO 5-19-26/190, CHUKKAVANIPALEM COLONY, GAJKUWAKA, PEDAGANTYADA, VISAKHAPATNAM CITY, AADHAR NO. 553398910479. 2 5. PILAKA VAMSI REDDY, S/0 APPALA REDDY, AGED ABOUT 18 YRS, R/O D.NO 5-19-26/81, CHUKKAVANIPALEM COLONY, GAJKUWAKA, PEDAGANTYADA, VISAKHAPATNAM CITY, AADHAR NO. 4343 5778 6011 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, VIJAYAWADA, ANDHRA PRADESH- 522237. 2. THE DIRECTOR GENERAL OF POLICE, OFFICE OF DGP, MANGALGIRI, GUNTUR DISTRICT. ANDHRA PRADESH- 522503. 3. THE COMMISSIONER OF POLICE, OFFICE OF THE COMMISSIONER OF POLICE, POLICE BARRACKS, SURYABAGH, VISAKHAPATNAM, ANDHRA PRADESH, PIN. 530001 4. THE STATION HOUSE OFFICER, DUVVADA POLICE STATION, VISHAKAPATNAM CITY-530001 ...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 issue an order or orders or direction or an appropriate writ more particularly one in nature of Writ of Mandamus declaring the action of the respondents more particularity 4th respondent in repeatedly calling the petitioners herein to police station every day in reference to crime no. 274 of 2023 on the file of the 4th respondent even after filing of the Charge sheet and the same was Numbered as C.C. No.23 of 2025 on the file of the Hon'ble Court of VII Additional Chief Metropolitan Magistrate Gajuwaka, Visakhapatnam as illegal 3 arbitrary main fide and unconstitutional and consequently direct Respondents More particularly 4th respondent not to call the petitioners to the Police Station and not to interfere with the personal life and liberty of the petitioners 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 direct the 4th respondent not to Call the petitioner to the police station and not to interfere with the petitioner's Fundamental Rights as guaranteed by Constitution of India without the following due process of law and be pleased to pass Counsel for the Petitioner(S): 1. CHALLA AJAY KUMAR Counsel for the Respondent(S): 1. GP FOR HOME 4 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 23711 of 2026 The Court made the following Order: The instant Writ Petition has been filed by the petitioners under Article 226 of Constitution of India seeking the following main prayer: “….to issue an order or orders or direction or an appropriate writ more particularly one in nature of Writ of Mandamus declaring the action of the respondents more particularity 4th respondent in repeatedly calling the petitioners herein to police station every day in reference to crime no. 274 of 2023 on the file of the 4th respondent even after filing of the Charge sheet and the same was Numbered as C.C. No.23 of 2025 on the file of the Hon'ble Court of VII Additional Chief Metropolitan Magistrate Gajuwaka, Visakhapatnam as illegal arbitrary main fide and unconstitutional and consequently direct Respondents More particularly 4th respondent not to call the petitioners to the Police Station and not to interfere with the personal life and liberty of the petitioners….” 2. When the matter is taken up for hearing, Sri Challa Ajay Kumar, learned counsel for the petitioner, submits that the respondent-police are calling the petitioner to the respondent No.4 without any legal cause. 3. Conversely, learned Assistant Government Pleader for Home, on written instructions, submits that it is true that the petitioner is an accused in C.C.No.23 of 2025 on the file of the VII Additional Chief 5 Metropolitan Magistrate, Gajuwaka, Visakhapatnam. Apart from the above, the respondent-police have also opened a suspect sheet against the petitioner at Duvvada Police Station, Visakhapatnam Commissionerate. 4. At this juncture, learned counsel for the petitioner seeks permission to challenge the said suspect sheet. 5. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 02.09.2026 RMR 6 12 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 23711 of 2026 Date: 02.09.2026 RMR