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2025 DAILYLAW 20662 (AP)

JILLADIMUDI SIVA LAKSHMI v. THE STATE OF ANDHRA PRADESH

WP/14869/2025 · 2025-06-23

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010291042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAYJHE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 14869 OF 2025 Between: Jilladimudi Siva Lakshmi, W/o J.Vijayanand Vishnu, Aged 35 OccAgriculture, R/o Door No. 11-4-49, Chinna Veedhi, Anakapalli, Anakapalli District Years ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Velagapudi, Amaravathi, Guntur District. 2. The Director General of Police, DGP Office, District. 3. The Deputy Inspector General of Police, DGP Office, Mangalagiri, Guntur District. 4. The District Collector, Anakapalli, Anakapalli District (Visakhapatnam District). 5. The Superintendent of Police, Anakapalli District(Visakhapatnam District), A.P. 6. The SDPO, Anakapalli Town, Anakapalli District (Visakhapatnam District), A.P. 7. The Circle Inspector of Police, Munagapaka P.S., Anakapalli Anakapalli District, (Visakhapatnam District). Mangalagiri. Guntur 8. The SHO, Mungapaka P.S., Anakapalli, Anakapalli District, (Visakhapatnam District).. 9. Kongalalla Achyutamba, W/o Surya Prakash Rao, aged 55 years, R/o Munagapaka Village and Mandal, Anakapalli District, (Visakhapatnam District). 10. The Tahasildar, Anakapalli, Anakapalli district. District). (Visakhapatnam ...RESPONDENTS 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 issue an appropriate Writ, Order or Direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondents in taking any criminal action or conducting any criminal enquiry by issuing notice dt.06.06.2025 u/sec.179 of BNSS to the petitioner who is a woman and also particularly regarding the matters pertaining to civil nature as it is illegal, arbitrary, unconstitutional, unjustifiable and against the established principles of law and principles of natural justice and in violation of Article 14, 21 and 300A of the Constitution of India and against the provisions of Sec. 179 of BNSS, which is contrary to the law laid down by this Hon’ble Court and the Hon’ble Apex Court, consequently direct the Respondents not petitioner to the police station and detaining her in the police station in the garb of enquiry as the matter is pertaining to civil in nature. lA NO: 1 OF 2025 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 to pass orders restraining the respondents from calling the petitioner to the police station and detaining her for coercing and harassing the petitioner pending disposal of the above writ petition. to call the Counsel for the Petitioner: SRI K. V. VIJAYA KUMAR Counsel for the Respondent Nos.1 to 3 & 5 to 8: GP FOR HOME Counsel for the Respondent Nos.4 & 10: GP FOR REVENUE Counsel for the Respondent No.9:— The Court made the following order: I APHC010291042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY ,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 14869/2025 Between; Jilladimudi Siva Lakshmi ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.KVVIJAYA KUMAR Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following: ...RESPONDENT(S) 2 ORDER:- Learned counsel for the petitioner submitted that the petitioner has been issued notice under Section 179 of the BNSS and during the course of investigation, the respondent is allegedly pressurizing the petitioner to execute deeds in favour of the 9*'^ respondent, it is further submitted that the petitioner is being detained at the police station for long hours under guise of investigation. There shall be a direction to the respondent not to insist the petitioner settle the civil disputes pending between the petitioner and the 9**^ respondent without following due procedure of law. 2. Insofar as the investigation is concerned, the Investigating Officer in Crime No. 1/Preliminary Enquiry/SDPO-PWD/2025 shall record the statement of the petitioner in the presence of her counsel. The concerned Station House Officer shall follow the procedure contemplated under Section 179 of BNSS, issue proper notice to the petitioner and record her statement at her house. The evidence can be recorded from 11.00 AM to 1.00 PM, followed by a lunch break 3. from 1.00 PM to 2.00 PM and thereafter from 2.00 PM to 4.00 PM. As the petitioner is only a witness and has been summoned along with other witnesses, no coercive steps shall be taken against the petitioner. Accordingly, this Writ Petition is disposed off. There shall be no order 4. as to costs. 3 As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Home Department, State of Andhra Pradesh, Velagapudi, Amaravathi, Guntur District. 2. The Director General of Police, DGP Office, Mangalagiri, Guntur District. 3. The Deputy Inspector General of Police, DGP Office, Mangalagiri, Guntur District. 4. The District Collector, Anakapalli, Anakapalli District (Visakhapatnam District). 5. The Superintendent of Police, Anakapalli District(Visakhapatn am District), A.P. 6. The SDPO, Anakapalli Town, Anakapalli District (Visakhapatnam District), A.P. 7. The Circle Inspector of Police, Munagapaka P.S., Anakapalli Anakapalli District, (Visakhapatnam District). 8. The SHO, Mungapaka P.S., Anakapalli, Anakapalli District, (Visakhapatnam District).. 9. The Tahasildar, Anakapalli, Anakapalli district. (Visakhapatnam District). 10. One CC to Sri K. V. Vijaya Kumar, Advocate [OPUC] 11. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 12. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 13. Two CD Copies ssb HIGH COURT DATED:24/06/2025 ORDER WP No.14869 OF 2025 ^OF ANOH^ U MM im m O to ^ Current Seciion \:55^6‘PATCV}5^^ disposing of the w.p. without costs