Andhra Pradesh High Court - Amravati
Ambati Gowhar Jan vs The State Of Andhra Pradesh on 17 July, 2025
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APHC010359292025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3396]
(Special Original Jurisdiction)
THURSDAY, THE SEVENTEENTH DAY OF JULY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
WRIT PETITION NO: 18049/2025
Between:
1. AMBATI GOWHAR JAN, W/O AMBATI JAYAKUMAR, AGED 33
YEARS, R/AT NEELAM PALEM, ONGOLE, PRAKASAM DISTRICT,
ANDHRA PRADESH.
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL
SECRETARY, HOME DEPARTMENT, A.P SECRETARIAT OFFICE,
VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA
PRADESH.
2. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH,
AMARAVATI, ANDHRA PRADESH.
3. THE SUPERINTENDENT OF POLICE, VIZIANAGARAM DISTRICT,
ANDHRA PRADESH.
4. THE STATION HOUSE OFFICER, BOBBILI TOWN POLICE STATION,
VIZIANAGARAM DISTRICT, ANDHRA PRADESH.
...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 pleased to issue a Writ Order or direction particularly, one in the
nature of writ of Mandamus to declare the actions of the Respondents, more
particularly Respondent No. 4, infrequently summoning the Petitioner to the
Bobbili Town Police Station, purportedly in connection with FIR No. 222/2024,
dated 24.07.2024, under Section 420 IPC, as illegal, arbitrary, and violative of
the principles of natural justice and the fundamental rights guaranteed under
Articles 14, 16, 19, and 21 of the Constitution of India. The Petitioner further
prays that this Hon'ble Court may be pleased to direct the Respondent Police
Authorities not to summon or call the petitioner to the police station
unnecessarily or without following the due process of law as mandated under
the applicable provisions and to pass
IA NO: 1 OF 2025
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
pleased to direct the respondents not to call the petitioner to the police station
unnecessarily without following due procedure established by the law and
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pass such other order or orders in accordance with law pending disposal of
the above writ petition and to pass
Counsel for the Petitioner:
1. JADA SRAVAN KUMAR
Counsel for the Respondent(S):
1. GP FOR HOME
The Court made the following:
ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
".... a Writ Order or direction particularly one in the nature of writ of Mandamus to declare the actions of the Respondents more particularly Respondent No.4, infrequently summoning the Petitioner to the Bobbili Town Police Station, purportedly in connection with FIR No.222/2024 dated 24.07.2024, under Section 420 IPC as illegal arbitrary and violative of the principles of natural justice and the fundamental rights guaranteed under Articles 14, 16, 19 and 21 of the Constitution of India The Petitioner further prays that this Honble Court may be pleased to direct the Respondent Police Authorities not to summon or call the Petitioner to the police station unnecessarily or without following the due process of law as mandated under the applicable provisions."
2. Heard Sri Karthik Shah, learned counsel representing Sri Jada Sravan Kumar, learned counsel for the petitioner and the learned Assistant Government Pleader for Home.
3. When the matter is taken up for hearing, the learned Assistant Government Pleader for Home would submit that, since the petitioner is an accused in Crime No. 222 of 2024, registered for the offence punishable under Section 420 IPC, he was called to the police station only for the purpose of issuing a notice under Section 35(3) of the BNSS in connection with the said crime.
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4. Learned counsel appearing on behalf of the petitioner would submit that the police had issued a notice under Section 35(3) of the BNSS to the petitioner long ago, and there is no necessity for the police to repeatedly call the petitioner to the police station during the pendency of the investigation.
5. Considering the submissions made, the police concerned are directed not to call the petitioner to the police station without any sufficient cause and follow the procedure in accordance with law.
6. With the above directions, the writ petition is disposed of. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.
__________________________________ Dr.VENKATA JYOTHIRMAI PRATAPA, J Date: 17.07.2025 ASR 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.18049 of 2025 Dt.17.07.2025 ASR