BHUMA AKILA PRIYA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition is filed under Article 226 of Constitution of India to issue an appropriate writ, order or direction more particularly in the nature of the writ of mandamus declaration of the action of the Inspector of Police, Allagadda Police Station, Allagadda Town i.e., the 4th respondent in confining the petitioner under the guise of notice dtd. 4/2/2023 issued under Sec. 151 of Criminal Procedure Code by the 4th respondent and in not giving an opportunity to submit an explanation as illegal, arbitrary and in violation of Articles 14, 19 and 21 of the Constitution of India and violation of principles of natural justice and consequently to suspend the impugned notice and thereby giving the petitioner liberty to move.

(2.) This petition is moved by L.A.M.Prem Chandu S/o Maria Dasu, H.No.3-10, Boripalem village, Thullur Mandal, Guntur District, Andhra Pradesh describing himself as the agent of the petitioner Smt Bhuma Akhila Priya W/o Bhargav Ram resident of H.No.8/1/65, Allagadda Town, Allagadda Mandal, Kurnool District, Andhra Pradesh. L.A.M.Prem Chandu says that he is acquainted with the facts of the case and has been given instructions for filing this petition on behalf of Smt Bhuma Akhila Priya. Learned counsel for the writ petitioner submitted that the letter of authorization has been received through WhatsApp from the cell phone No.7036228947 to the Cell phone No.9959620871 and that due to paucity of time and long distance to be travelled by the petitioner to reach the High Court and moreover she has been confined by house arrest, she could not file the petition in person.

(3.) According to the petitioner, she and her husband were issued notice under Sec. 151 Cr.P.C. by the 4th respondent today i.e., on 4/2/2023 at 9-45 A.M. directing them to remain at house, on the allegation that they may hold a open debate with Sri Silpa Ravi Kishore Reddy, the sitting MLA, Nandyal constituency and the same may result in law and order problem and therefore, they are directed not to leave the house for 24.00 hours from the time of service of notice on 4/2/2023 to the next day at the same time. The petitioner stated that however, the police were deployed at her house even by 4-30 A.M. on 4/2/2023 confining her to her house and thereby her right to move has been curtailed. It is further contended that she has to attend some ceremonies of her relatives today and tomorrow, but due to high handed and illegal activity of issuing notice, all her personal activities have been restricted.