Sheik Mastanvali v. the State of Ap

Andhra Pradesh HC5 Jan 2026WP/42/2026

Case brief

AI extract

What is this about?

Writ of Mandamus; police harassment; repeated calls to police station after Section 41A CrPC notice; Crime No. 354/2023, Old Guntur Police Station; IPC Sections 420, 323, 509, 506; SC/ST POA arrest threat; Aadhaar Card sought for investigation; Article 226; Articles 14, 19, 21 Constitution of India; direction to follow due process of law; Andhra Pradesh High Court at Amaravati; writ petition disposed of, no costs.

What did the court decide?

Writ Petition disposed of with a direction to the police to follow due process of law regarding the crime registered against the petitioners; no order as to costs; miscellaneous petitions, if any, stand closed. ¶¶38

Sheik Mastanvali Vs the State of Ap — Cheating and Forgery | Andhra Pradesh HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the action of respondent Nos. 4 and 5 in repeatedly calling the petitioners to the police station without justifiable reason after service of notice under Section 41(A) Cr.P.C. in Crime No. 354/2023, making them wait all day and threatening arrest by invoking SC/ST POA provisions, is illegal, irregular, arbitrary and violative of Articles 14, 19 and 21 of the Constitution of India.

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Court's answer

The Writ Petition is disposed of on the submissions recorded; the police are directed to follow due process of law regarding the crime registered against the petitioners, with no order as to costs.

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Detailed headnote1 paragraphs

Andhra Pradesh High Court at Amaravati (Special Original Jurisdiction), Dr. Justice Venkata Jyothirmai Pratapa — Writ Petition No. 42 of 2026 under Article 226 of the Constitution of India — Petitioners, arrayed as accused in Crime No. 354 of 2023 (Sections 420, 323, 509 & 506 IPC, Old Guntur Police Station) registered on the complaint of respondent No. 6, sought a writ of mandamus restraining respondent Nos. 4 and 5 (Circle Inspector and Sub Inspector, Old Guntur Police Station) from repeatedly calling them to the police station without justifiable reason after service of notice under Section 41(A) Cr.P.C., making them wait all day, and threatening arrest by invoking SC/ST POA provisions — Assistant Government Pleader for Home, on written instructions, stated that the notices under Section 41(A) had been served and that the 31.12.2025 phone call was made only to collect Aadhaar Cards for the purpose of investigation — Learned counsel for the petitioners sought disposal of the petition recording the said submission — Held: Writ Petition disposed of; police directed to follow due process of law regarding the crime registered against the petitioners; no order as to costs; miscellaneous petitions, if any, stand closed.

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[3396]

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APHC010000552026

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

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TUESDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

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WRIT PETITION NO: 42/2026

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Between:

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SHEIK MASTANVALI, S/O.SHEIK SHARIFF, AGED ABOUT 35 YEARS, R/O. 1-73/B, MOKKAPADUROAD, REDDY GUDEM, GUNTUR TOWN, GUNTUR DISTRICT.

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GOVALATHOTI ANUSHA,, S/O.SHEIK MASTANVALI, AGED ABOUT 35 YEARS, R/O. 1 -73/B, MOKKAPADU ROAD, REDDY GUDEM, GUNTUR TOWN, GUNTUR DISTRICT.

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...PETITIONER(S)

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AND

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THE STATE OF AP, REP .BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT A.P SECRETARIAT OFFICE, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH.

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THE SUPERINTENDENT OF POLICE, GUNTUR DISTRICT, ANDHRA PRADESH.

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THE DEPUTY SUPERINTENDENT OF POLICE, GUNTUR EAST SUB DIVISION, GUNTUR DISTRICT, ANDHRA PRADESH.

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THE CIRCLE INSPECTOR, OLD GUNTUR POLICE STATION, GUNTUR DISLRICF, ANDHRA PRADESH.

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THE SUB INSPECTOR, OLD GUNTUR POLICE STATION, GUNTUR DISTRICT, ANDHRA PRADESH.

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SARIHADDU MANNERAO, S/O. MOHANA RAO, AGED ABOUT 44 YEARS, R/O.53-138, 5TH LANE RTC COLONY, GUNTUR

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...RESPONDENT(S):

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Counsel for the Petitioner(S):

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1.ANAND KUMAR KOCHIRI

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Counsel for the Respondent(S):

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1.GP FOR HOME

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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 42/2026

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ORDER:

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

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<…to issue a Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondents more particularly respondent Nos. 4 to 5, who are harassing the Petitioner by repeatedly calling the Petitioners to the Police Station without any justifiable reason even after serving the Notice U/s.41(A) Cr.P.C., in respect to the Crime No. 354/2023 on the file of Old Guntur Police Station and making us to wait all day in the Police Station and threatening to arrest me by invoking the provisions under SC/ST POA, which is illegal irregular, arbitrary, against to the Principles of Natural Justice and violative of Articles 14, 19, and 21 of the , Constitution of India and consequently direct the Respondent Nos. 4 and 5 not to call and the harass the Petitioners unnecessarily by calling to the Police Station.…=

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Heard Sri Anand Kumar Kochiri, learned counsel for the petitioners and Sri.P.Ajay Babu, learned Assistant Government Pleader for Home for the respondents.

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Learned counsel for the petitioner would submit that the police are calling the petitioners to the police station repeatedly even after serving the notice under Section 41(A) of Cr.P.C., in respect of the Crime No.354 of 2023 on the file of Old Guntur Police Station and making them wait all day in the police station.

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Learned Assistant Government Pleader for Home, on written instructions, would submit that on the complaint made by the respondent

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No.6, a case in Cr.No.354 of 2023 under Sections 420, 323, 509 & 506 of IPC

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of Old Guntur P.S., was registered against the petitioners. He would further submit that while serving the notices under Section 41(A), the respondentpolice have informed the petitioners to submit their Aadhaar Cards, but they

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did not submit them. Therefore, on 31.12.2025, a phone call was made to the petitioners to submit their Aadhaar Cards for the purpose of investigation only.

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Learned counsel for the petitioners would submit that recording the same, the petition may be disposed of.

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Considering the submissions made, this Writ Petition is disposed of.

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However, the police are directed to follow due process of law regarding the crime which has been registered against the petitioners. No order as to costs.

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

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closed.

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_________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA

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Date: 06.01.2026. UPS

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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA

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