IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI (SPECIAL ORIGIONAL JURISDICTION) OF AND TUESDAY, THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR :PRESENT: THE HONOURABLE SMT. JUSTICE VENKATA JYOTHIRMAI PRATA

WRIT PETITION NO: 25012 OF 2024

Between:

Shaik Chan Basha, S/o Shaik Khadar Basha, Aged about 24 years, Occ: Business, Resident of D.No.4-15-1/152, DVC Colony, Sai Nagar, 7th Ward, Ponnur Town and Mandal, Guntur District.

C. Miller

I PHE

Petitioner

AND

• 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Home, A.P., Secretariat, Velagapudi, Amaravathi, Guntur District.
• 2. The Superintendent of Police, Guntur Rural, Guntur District.
• 3. The Sub Divisional Police Officer, Bapatla, Guntur Rural, Guntur District
• 4. The Circle Inspector of Police, Ponnur Town Police Station, Guntur District
• 5. The Sub Inspector of Police, Ponnur Town Police Station, Guntur District.

Respondents

Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 4 and 5 in calling to their police station to obtain the Photograph, Signature and Finger Prints of the petitioner by violating the orders of this Honourable court passed in W.P.No.11464 of 2016 and batch dated 21-07-2022 and W.A.No.674 of 2022 in view of pendency of History Sheet No ......on the file of Ponnur Town

Police Station, Guntur District is illegal, arbitrary, unconstitutional and violation of the principles of natural justice and consequently direct the respondents 4 and 5 not to call the petitioner to their police station without following due process of law.

IA NO: 1 OF 2024 :

Petition under Section 151 of CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 4 and 5 not to call the petitioner to their police station to obtain his Photograph, Signature and Finger Prints in view of continuing the History sheet No .... on the file of Ponnur Town Police Station, Guntur District, Pending disposal of WP 25012 of 2024, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri VUTUPALLI RAJANNA Advocate for the Petitioner and of GP FOR HOME for the Respondents, the Court made the following ORDER:

"At request of Sri S. Sarath Kumar, learned Assistant Government Pleader for Home, for filing counter, list the matter after four (4) weeks.

In the meanwhile, the respondent authorities shall follow the procedure directed by the Division Bench of this Court in its order dated 12.09.2022 in I.A.No.1 of 2022 in Writ Appeal No.674/2022, for summoning the petitioner to the police station on account of the pending rowdy sheet."

//TRUE COPY//

F

SD/- K. TATA RAO DEPUTY REGISTRAR

SECTION OFFICER

• 1. The Principal Secretary, Department of Home, State of Andhra Pradesh, , A.P., Secretariat, Velagapudi, Amaravathi, Guntur District. [by SPECIAL MESSENGER]
• 2. The Superintendent of Police, Guntur Rural, Guntur District.
• 3. The Sub Divisional Police Officer, Bapatla, Guntur Rural, Guntur District
• 4. The Circle Inspector of Police, Ponnur Town Police Station, Guntur District.
• 5. The Sub Inspector of Police, Ponnur Town Police Station, Guntur District. (2 to 5 by RPAD)
• 6. One CC to SRI. VUTUPALLI RAJANNA Advocate [OPUC]
• 7. Two CCs to GP FOR HOME, High Court of Andhra Pradesh. [OUT] $V = 111$

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• 8. One spare copy
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To,

HIGH COURT

VJP, J

DATED:05/11/2024

LIST THE MATTER AFTER FOUR (4) WEEKS

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ORDER

WP.No.25012 of 2024

DIRECTION