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2026:APHC:17461

APHC010108182026

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3521]

(Special Original Jurisdiction)

TUESDAY, THE THIRD DAY OF MARCH

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO

WRIT PETITION NO: 5794/2026

Between:

Shaik Mazaharulla ...PETITIONER

AND

The State Of Andhra Pradesh and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1. SOMISETTY GANESH BABU

Counsel for the Respondent(S):

1. GP FOR HOME

The Court made the following:

ORDER:

The 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 Writ of Mandamus declaring the action of the Respondent No

3 in issuing notice dated 22 02 2026 directing the Petitioner to appear on

26.02.2026 in spite of the specific direction issued by this Honble Court in

W P No 16404 of 2025 dated 03.07.2025 as illegal arbitrary without

jurisdiction and violative of Articles 14 and 21 of the Constitution of India

and Consequently set aside the notice dated 22 02 2026 issued by the 3rd

Respondent and Pass such other order(s)…”

2. Heard the learned counsel for the petitioner and the learned Assistant

Government Pleader for Home.

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3. Sri S. Ganesh Babu, learned counsel for the petitioner, submits that the

petitioner was issued a notice dated 22.02.2026 requiring him to appear on

26.02.2026, despite there being a specific direction issued by this Court in

W.P. No.16404 of 2025 dated 03.07.2025.

4. Sri P. Ajay Babu, learned Assistant Government Pleader for Home, on

instructions, submits that the Investigating Officer only summoned the

petitioner, as he is acquainted with the facts and circumstances of the case,

and that substantial amounts were credited into his account from the account

of Accused No.1. This Court, in W.P.No.16404 of 2025, directed the

Investigating Officer not to disturb the peace of the petitioner without following

due process of law.

5. It appears that the Investigating Officer has followed the due process of

law by issuing notice as contemplated under Sections 94 and 106 of the

Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’). If that be

so, the petitioner is required to cooperate with the Investigating Officer. If it is

found that the petitioner has also committed the alleged offences, he is at

liberty to approach the appropriate forum seeking appropriate relief.

6. In view of the above, the Writ Petition is disposed of. There shall be no

order as to costs.

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

closed.

________________________

Dr.Y. LAKSHMANA RAO, J.

Date: 03.03.2026

KMS

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THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO

WRIT PETITION No.5794 of 2026

Date: 03.03.2026

KMS