Thummapudi Rajesh Vs the State of Andhra Pradesh — Cheating and Forgery | Andhra Pradesh HC (2025)

Thummapudi Rajesh Vs the State of Andhra Pradesh — Cheating and Forgery | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Writ Petition closed at the stage of admission itself without going into merits; respondent/Police directed to follow due procedure established under law if they intend to call the petitioner to the Police Station during investigation; no order as to costs; pending interlocutory applications, if any, stand closed.

Issue for consideration

Whether the action of the respondents in summoning the petitioner to the Police Station and bringing pressure on him to come to terms with the unofficial respondent in respect of financial transactions between them is illegal, arbitrary and violative of his fundamental rights guaranteed under the Constitution of India.

Court's answer

The Court was of the considered opinion that the Writ Petition could be closed at the stage of admission itself, without going into merits.

Ratio / Principle

The respondent/Police were directed to follow due procedure established under law if they intend to call the petitioner to the Police Station during investigation of the case.

Detailed headnote1 paragraphs

Andhra Pradesh High Court (Amaravati, Special Original Jurisdiction), single Bench of Justice B.V.L.N. Chakravarthi, Writ Petition No. 2073 of 2025, decided 05.02.2025. Thummapudi Rajesh moved the Court under Article 226 of the Constitution of India for a writ of mandamus declaring illegal, arbitrary and violative of his fundamental rights the respondents' action in summoning him to the Police Station and bringing pressure on him to come to terms with the unofficial respondent in respect of financial transactions between them, seeking a consequential direction that the authorities not interfere in the financial dispute. The learned Additional Government Pleader, on written instructions, submitted that basing on the report of respondent No.6, respondent No.5 had registered F.I.R. vide Crime No.19 of 2025 of Tadikonda Police Station for offences punishable under Sections 318(4), 316(5), 79 and 351(2) BNS, 2023 and was investigating the case. In that view, the Court closed the Writ Petition at the stage of admission itself without going into merits, directing the respondent/Police to follow due procedure established under law if they intended to call the petitioner to the Police Station during investigation of the case. No order as to costs; pending interlocutory applications, if any, stood closed.

APHC010037252025

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

[3368]

WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI

WRIT PETITION NO: 2073/2025

Between:

Thummapudi Rajesh

...PETITIONER

AND

The State Of Andhra Pradesh and Others

...RESPONDENT(S)

Counsel for the Petitioner:

N SIVA REDDY

Counsel for the Respondent(S):

1.GP FOR HOME

The Court made the following order:

This Writ Petition under Article 226 of the Constitution of India is filed for the following relief:

“ to issue a writ order or direction more particularly one in the nature of the writ of MANDAMUS declaring the action of the respondents in summoning the petitioner to Police Station and bringing pressure on the petitioner to come to terms with the unofficial respondent in respect of financial

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transactions between them as illegal arbitrary and violative of his fundamental rights guaranteed under the Constitution of India and for a consequential direction directing the respondent authorities not to interfere with the financial disputes in between petitioner and the unofficial respondent forthwith and pass such ...”

Heard learned counsel for the petitioner and learned Additional Government Pleader appearing for the State.

Learned Additional Government Pleader appearing for the State on written instructions would submit that basing on the report of respondent No.6, respondent No.5 registered F.I.R vide Crime No.19 of 2025 of Tadikonda Police Station, for the offences punishable under Sections 318(4), 316(5), 79, 351(2) BNS, 2023 and investigating into the case.

In that view of the matter, this Court is of the considered opinion that the Writ Petition can be closed at the stage of admission itself, without going into merits by directing the respondent/Police to follow due procedure established under law, if they intend to call the petitioner to the Police Station, during investigation of the case.

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Accordingly, the Writ Petition is closed. No order as to costs.

Interlocutory applications, if any, pending shall stand

closed.

_______________________ ___ JUSTICE B.V.L.N. CHAKRAVARTHI

Dated: 05.02.2025 PSA

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THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI

WRIT PETITION NO: 2073 of 2025

Date: 05.02.2025

PSA