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2025 DAILYLAW 21829 (AP)

BEESU SAMBA SIVA RAO v. THE STATE OF ANDHRA PRADESH

WP/16705/2025 · 2025-07-08

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010307672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF JULY ^ TWO THOUSAND AND TWENTY FIVE ‘ PRESENT THE HONOURABLE SRUUSTICE HARINATH.N WRIT PETITION NO: 16705 OF 2025 Between: 1. Beesu Samba Siva Rao, S/o.Bakkaiah, Aged about 45 years, Occ; Auto Driver, R/0.11-323-39-B, Daniyalapeta, Gudivada, Krishna District. 2. Beesu Nagamani, W/o.Samba Siva Rao, Aged about 40 years, Occ; Housewife, R/0.11-323-39-B, Daniyalapeta, Gudivada, Krishna District. 3. Beesu Sai Kiran, S/o. Samba Siva Rao Aged about 24 years, Occ; working in sweet shop, R/0.11-323-39-B, Daniyalapeta, Gudivada, Krishna District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary - Secretariat, Amaravathi at Velagapudi, Guntur District. 2. The Superintendent of Police, Machilipatnam, Krishna District. 3. The Station House Officer, Gudivada I- Town Police Station Krishna District. 4. Talagaturi Divya, D/o.Yesu, Aged about 18 years, R/o.Sanarudravaram Church Veedhi Kalidindi Mandal, Eiuru District. 5. Natta Subbarao, S/o.Natta Benarjee Watchman Krishna District. Home, Gudivada, Aged about 50 years, Occ; R/o. C/o. Venkateswara Rest Home, Eiuru Road, Gudivada, CV 6. Ponguleti Jaya Raju, S/o.Not known to the Petitioners. Aged about 60 years, R/o. Hosanna Mandir Road Gutta Chantigari Buildings, Nagavarappadu Bridge, Elur Road, Gudivada, Krishna District. ...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 a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the respondent in interfering with the personal liberty of the petitioners calling to the police station and threatening to settle the issue with the respondents 4 to 6 by paying 10 lakhs as illegal and arbitrary and violation of Articles 19, 21 of Constitution of India and consequently direct the respondents not to interfere with the personal liberty of the petitioners by calling the petitioners to the police station. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to grant interim direction directing the respondents not to calling the petitioners to the police station, pending disposal of the above writ petition. Counsel for the Petitioners:SRI B. V. ANJANEYULU Counsel for the Respondent Nos.1 to 3 : GP FOR HOME Counsel for the Respondent Nos.4 to 6 : NONE APPEARED The Court made the following order: APHC010307672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY.THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 1fi705/2025 [3457] Between: 1.BEESU SAMBA SIVA RAO, S/O.BAKKAIAH YEARS, OCC AUTO DRIVER, GUDIVADA, KRISHNA DISTRICT. 2.BEESU NAGAMANI, W/O.SAMBA SIVA YEARS, OCC HOUSEWIFE, GUDIVADA, KRISHNA DISTRICT. AGED ABOUT 45 R/0.11-323-39-B, DANIYALAPETA, RAO, AGED ABOUT 40 R/0.11-323-39-B, DANIYALAPETA 3.BEESU SAI KIRAN, S/0. SAMBA SIVA RAO, YEARS, OCC WORKING IN SWEET AGED ABOUT 24 R/0.11-323-39-B. SHOP, DANIYALAPETA, GUDIVADA, KRISHNA DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH SECRETARY REP.BY ITS PRINCIPAL SECRETARIAT, AMARAVATHI HOME, VELAGAPUDI, GUNTUR DISTRICT. AT “ACHILIPATNAM. KRISHNA 3, THE STATION HOUSE OFFICER, GUDIVADA I- TOWN POLICE STATION GUDIVADA, KRISHNA DISTRICT. 4.TAI^GATURI DIVYA, D/O.YESU, aged about 18 YEARS ELURro'^'sTOCT'''^^^' MANDAL.' 2 5.NATTA SUBBARAO, S/O.NATTA BENARJEE YEARS, OCCWATCHMAN, HOME, ELURU ROAD, GUDIVADA, KRISHNA DISTRICT. 6.PONGULETI JAVA RAJU, S/O.NOT KNOWN TO THE PETITIONERS. AGED ABOUT 60 YEARS, R/0. HOSANNA MANDIR ROAD, GUTTA CHANTIGARI BUILDINGS, NAGAVARAPPADU BRIDGE, ROAD, GUDIVADA, KRISHNA DISTRICT AGED ABOUT 50 R/O.C/0. VENKATESWARA REST ELUR ...RESPONDENT(S): Counsel for the Petitioner{S); 1.B V ANJANEYULU Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following: 3 ORDER:- Heard the learned counsel for the petitioners and the learned Assistant Government Pleader appearing for the Home. 2. The learned counsel for the petitioners submits that, at the behest of respondent Nos.4 to 6, the 3'”'^ respondent is interfering with the life and liberty of the petitioners and is pressurizing them to pay an amount of Rs.10,00,000/- to respondent Nos.4 to 6. Considering the submissions, this Court is inclined to dispose off the Writ Petition at the admission stage by directing the 3'^^ respondent not to 3. disturb the peace of the petitioners without following due process of law. With these observations, this Writ Petition is disposed off. No costs. 4. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- U.SRI DEVI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary - Home, State of Andhra Pradesh, Secretariat, Amaravathi at Velagapudi, Guntur District. 2. The Superintendent of Police, Machilipatnam, Krishna District. 3. The Station House Officer, Gudivada I- Town Police Station Gudivada, Krishna District. 4. One CC to Sri B. V. Anjaneyulu Advocate [OPUC] 5. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 6. Two CD Copies Cnr HIGH COURT DATED:09/07/2025 ORDER WP NO. 16705 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS