APHC010268052020 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION Between: 1. Munagala Tulasi Vamsi Krishna, S/ o. MunagalaLeelaVenkateswarlu, Aged about 36 years, Private Employee, Flat No.104, Sri SaiSowmya Residency, Opp. Railway Workshop Road, Guntupalli, Krishna District. 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department Secretariat, Velagapudi, Amaravathi, Guntur District 2. TheSuperintendent of Police, Krishna District. 3. The Station House Officer, Penuganchiprolu Police Station, Krishna District. 4. The Thasildhar, Penuganchiprolu, Krishna District. 5. G Rama Krishna, , Sub inspector, Penuganchiprollu Police Station, Penuganchiprollu, Krishna District. 6. Swami Murali Krishna, S/o. Swami VenkateswaraRao Aged about 43 years, Society Bazar, Penuganchiprollu, PenuganchiprolluMandal Krishna District 521190. 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 17678 OF 2020 1. Munagala Tulasi Vamsi Krishna, S/ o. MunagalaLeelaVenkateswarlu, Aged about 36 years, Private Employee, Flat No.104, Sri SaiSowmya Residency, Opp. Railway Workshop Road, Guntupalli, Krishna District. ...Petitioner AND tate of Andhra Pradesh, Rep. by its Principal Secretary, Home Department Secretariat, Velagapudi, Amaravathi, Guntur District 2. TheSuperintendent of Police, Krishna District. 3. The Station House Officer, Penuganchiprolu Police Station, Krishna District. 4. The Thasildhar, Penuganchiprolu, Krishna District. 5. G Rama Krishna, , Sub inspector, Penuganchiprollu Police Station, Penuganchiprollu, Krishna District. 6. Swami Murali Krishna, S/o. Swami VenkateswaraRao Aged about 43 years, chiprollu, PenuganchiprolluMandal Krishna District ...Respondents IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. Munagala Tulasi Vamsi Krishna, S/ o. MunagalaLeelaVenkateswarlu, Aged about 36 years, Private Employee, Flat No.104, Sri SaiSowmya Residency, ...Petitioner tate of Andhra Pradesh, Rep. by its Principal Secretary, Home 3. The Station House Officer, Penuganchiprolu Police Station, Krishna District. 5. G Rama Krishna, , Sub inspector, Penuganchiprollu Police Station, 6. Swami Murali Krishna, S/o. Swami VenkateswaraRao Aged about 43 years, chiprollu, PenuganchiprolluMandal Krishna District- ...Respondents 2 Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pleased to issue a writ, direction, order or orders more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent No.3 calling the petitioner to the police station, harassing and abusing to give the original property documents or else he will put in jail by registering false cases is bad, illegal and unlawful, discriminatory, contrary and violation of principle of natural justice and to pass IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the Respondent No. 3 not to interfere with the life and liberty of the petitioner, and to pass Counsel for the Petitioner: K V ADITYA CHOWDARY Counsel for the Respondents: GP FOR HOME The Court made the following order: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 17678 OF 2020 ORDER: The writ petition is filed under Article 226 of Constitution for India with the following prayer for: “…pleased to issue a writ, direction, order or orders more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent No.3 calling the petitioner to the police station, harassing and abusing to give the original property documents or else he will put in jail by registering false cases is bad, illegal and unlawful, discriminatory, contrary and violation of principle of natural justice and to pass..” 2. Heard Sri K.V. Aditya Chowdary, learned counsel for the petitioner, and Sri V. Farooq, learned Assistant Government Pleader for Home, appearing for the respondents. 3. The case of the petitioner is that though no crime has been registered against him, the 3rd respondent has been continuously harassing him by summoning him to the police station and threatening him to foist false cases if he failed to give original documents relating to his property, as such, the petitioner filed the present writ petition. 4. On the other hand, the learned Assistant Government Pleader, on instructions, submits that the allegations of the petitioner are baseless. It is submitted that the 4th respondent herein lodged a report dated 03.09.2020 alleging that the petitioner had fraudulently obtained a Legal Heir Certificate from his office by furnishing false particulars. Basing on the said report, and after obtaining necessary documents from the office of the Tahsildar, the 3rd respondent registered a case in Crime No. 221 of 2020 on 29.09.2020 against the petitioner for the offences punishable under Sections 182 and 420 r/w Section 34 of IPC and took up investigation. It is further submitted that only after coming to know about the registration of the said crime, the petitioner 4 filed the present writ petition by making certain allegations against the 3rd respondent, who was also arrayed as the 5th respondent in his personal capacity, with a view to pre-empt the respondent police from proceeding further with the investigation. 5. Learned counsel for the petitioner submitted that, in view of the said instructions, this court may dispose of the writ petition by passing appropriate orders. 6. Considering the submission of both sides, this Court deems it appropriate to dispose of the writ petition with a direction that the police shall proceed with the investigation in Crime No. 221 of 2020 strictly in accordance with law and without causing any harassment to the petitioner, except in accordance with the due process of law. The petitioner shall not bind to submit any original property documents to the police. If at all such documents are required for the purpose of investigation, the police shall obtain certified copies through proper procedure. 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, all pending miscellaneous petitions, if any, shall stand closed. Dr. VENKATA JYOTHIRMAI PRATAPA, J Date: 03.09.2025 KKV 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.17678 of 2020 Dated.03.09.2025 KKV