THE HON’BLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No.32885 of 2025

ORDER:

Heard Sri Pochaiah Dorishetti, learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for the respondents. With their consent, this writ petition is being taken up for disposal at the admission stage itself.

2. This writ petition is filed seeking the following prayer:

“…Questioning the action of respondent No.4 in calling the petitioner to the police station without informing the reason or issuing any notice and the present writ petition is filed with a consequential prayer seeking direction to the respondent No.4 not to harass the petitioner or to come to police station …”

3. The facts of the case in brief are that petitioner is a freelance software engineer. Petitioner received a phone call from number 08712663217 on 28.10.2025 wherein the person calling had introduced himself as Mr. Naidu from Jeedimetla Police Station and asked the petitioner to be present at the Jeedimetla Police Station on the same day. Later the petitioner enquired for the reason and it was informed to the petitioner that nothing can be informed through phone call and asked the petitioner to come to the Jeedimetla Police Station. However, petitioner sought time for two days time which was refused by him. Thereafter, the petitioner out of fear shifted to her parents place and when she searched for the Jeedimetla Police Station in Google, she understood that Mr. Naidu is the Sub- Inspector of Police at Jeedimetla Police Station and the number he had called her is his official phone number. Petitioner submits that the action of the respondent is violative of Section 179 (1) of BNSS which exempts women from attending police station. The relevant section is extracted for reference as under:

“179. (1) Any police officer making an investigation under this chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case: Provided that no male person under the age of fifteen years or above the age of sixty years or a woman or a mentally or physically disabled person or a person with acute illness shall be required to attend at any place other than the place in which such person resides: Provided further that if such person is willing to attend the police station or at any other place within the limits of such police station, such person may be permitted so to do.”

4. The petitioner further submits that as per the guidelines of the Hon’ble Supreme Court of India in “Arnesh Kumar v. State of Bihar”1: AIR 2014 SC 2756, the police are bound to issue Section 41-A notice if they find any reason or basis to investigate the complaint and the petitioner submits that due to the illegal and outrageous actions of the Police, had lost confidence in the Police as they are bound to follow due process of law and to safeguard her life, limb and personal liberty. Questioning the action of the respondent No.4, the present writ petition is filed.

5. Learned Assistant Government Pleader for Home on instructions would submit that respondent No.4 is not calling, harassing, threatening, pressurizing or interfering with the petitioner’s personal life, liberty or civil disputes and no coercive steps are taken against the petitioner in

any manner. 1 2014 (8) SCC 273

6. Having considered the above facts and circumstances, and recording the submissions of learned Assistant Government Pleader for Home and without expressing any opinion on the merits of the case, this writ petition is disposed of directing the respondent No.4 to follow due procedure contemplated under law before taking any action on the petitioner.

7. With the above direction, this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs.

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