APHC010054062021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

FRIDAY,THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 3292 OF 2021 Between:

1. Seshapu Syam Sundara Srinivas,, S/o.Thirumaleswararao, Hindu, male, aged 26 yrs, r/o.H.No.4-150, Tangellamudi, Eluru-534005. West Godavari District ...Petitioner AND

1. The State of Andhra Pradesh, Rep by its Principal Secretary, Home Department, Velagapudi, Amaravathi, Guntur District.

2. The Superintendent of Police, West Godavari District. Eluru.

3. The Station House Officer, Eluru Rural Police Station, Eluru. West Godavari District.

4. Suvvari Lakshmana Rao, S/o.Anjaneyulu, B.D Colony, Tangellamudi.

Eluru-534005. West Godavari District.

...Respondents 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 topleased to issue Writ Order or Direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the 3rd respondent police in calling the petitioner to the police station and the respondent-police not followed the procedure contemplated in Arnesh Kumar Vs. State of Bihar and also Lalita Kumari vs Govt. Of U.P. and Ors., and not issued any 41-A Cr.P.0 Notice wherein the police has to give notice in two weeks time to submit the petitioner's explanation, which is quite illegal, arbitrary and against the principles of natural justice and also violation of Articles 14, 19 and 21 of the Constitution of India and consequently to direct the 3rd respondent-police to issue a 41-A Cr.P.0 notice to the petitioner and his family-members by considering the petitioner's representation, dt.28-11-2021 any FIR in pursuance of the complaint made by the 4th respondent, pending disposal of main writ petition and to pass IA NO: 1 OF 2021 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 3rd respondent-police to issue a 41-A Cr.P.0 notice to the petitioner and his family-members by considering the petitioner's representation, dt.28-11-2021 any FIR in pursuance of the complaint made by the 4th respondent, pending disposal of main writ petition and to pass Counsel for the Petitioner: MANCHANAPALLI SURYANARAYANA Counsel for the Respondents: GP FOR HOME The Court made the following order:

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 3292 OF 2021

ORDER:

This Writ Petition is filed under Article 226 of Constitution of India with the following prayer:

“…..to declaring the action of the 3rd respondent police in calling the petitioner to the police station and the respondent-police not followed the procedure contemplated in Arnesh Kumar Vs. State of Bihar and also Lalita Kumari vs Govt. Of U.P. and Ors., and not issued any 41-A Cr.P.0 Notice wherein the police has to give notice in two weeks time to submit the petitioner's explanation, which is quite illegal, arbitrary and against the principles of natural justice and also violation of Articles 14, 19 and 21 of the Constitution of India and consequently to direct the 3rd respondent- police to issue a 41-A Cr.P.0 notice to the petitioner and his family- members by considering the petitioner's representation, dt.28-11- 2021 any FIR in pursuance of the complaint made by the 4th respondent, pending disposal of main writ petition and to pass …”

2. None represented for the petitioner.

3. Learned Assistant Government Pleader for Home would submit that the police have not received any complaint from the petitioner dated 28.11.2021.

4. In that view, this writ petition is disposed of. However, the petitioner is at liberty to workout his remedies before the appropriate forum according to law.

As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.

__________________