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2025 DAILYLAW 22094 (AP)

Kilari Nageswara Rao v. The State of Andhra Pradesh,

WP/20620/2020 · 2025-08-17

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010311522020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20620/2020 Between: 1. KILARI NAGESWARA RAO, FATHER NAME S/O. DURGA PRASAD AGE 45 ADDRESS RESIDING AT DOOR NO.2-137/7, F-3, SRIYUTA RESIDENCY, HIGH FIELS INTERNATIONAL SCHOOL, KRISHNARAYAPURAM, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT 2. KILARI LAKSHMI JAGADESWARI, W/O.NAGESWARA RAO, HOUSEWIFE, DR.NO.2-137/7.F-3, SRIYUTA RESIDENCY, HIGH FIELS INTERNATIONAL SCHOOL, KRISHNARAYAPURAM, PENDURTHI MANDAL, VISSKHAPATNAM DIST. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, HOME DEPARTMENT REP. BY ITS PRINICIPAL SECRETARY, AND OTHERS ADDRESS SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT 2. THE DIRECTOR GENERAL OF POLICE, STATE OF ANDHRA PRADESH, MANGALAGIRI, GUNTUR DIST. 3. THE COMMISSIONER OF POLICE, VISAKHAPATNAM CITY COMMISSION, VISAKHAPATNAM. 4. THE STATION HOUSE OFFICER, GAJUWAKA POLICE STATION, CITY POLICE,GAJUWAKA VISAKHAPATNAM ...RESPONDENT(S): 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 toto issue writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent No. 4 in calling the petitioners frequently to his police station without following the procedure established by law, causing harassment and mental agony by detaining the petitioners in police station without any cause or reason is arbitrary, high handed, illegal and in violation of Article 14 and 21 of Constitution of India IN CONSEQUENCE THEREOF direct the respondents not to call for the petitioners to the police station without there being any report of crime against the petitioners, and 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 Counsel for the Petitioner(S): 1. S V R SUBRAHMANYAM Counsel for the Respondent(S): 1. GP FOR HOME (AP) The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20620 of 2020 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent No.4 in calling the petitioners frequently to his police station without following the procedure established by law, causing harassment and mental agony by detaining the petitioners in police station without any cause or reason is arbitrary, high handed, illegal and in violation of Article 14 and 21 of Constitution of India IN CONSEQUENCE THEREOF direct the respondents not to call for the petitioners to the police station without there being any report of crime against the petitioners and pass…” 2. No representation on behalf of the petitioners. 3. The grievance of the petitioners is that the respondent-Police are frequently calling them to the Police Station. 4. When the matter came up for hearing, Sri V.Farooq, learned Assistant Government Pleader for Home on instructions would submit that based on the complaints given by both the parties, the different criminal cases in Cr.No.725 of 2018, under Sections 447, 427 r/w 34 IPC, Cr.No.734 of 2018, under Section 341 r/w 34 IPC, Cr.No.277 of 2019, under Sections 447, 506 r/w 34 IPC and Cr.No.284 of 2019, under Sections 447, 506(2) r/w 34 IPC were registered against the petitioners and the unofficial respondents herein. Learned Assistant Government Pleader would further submit that the disputes in between both the parties are civil in nature and during the course of the investigation, the respondent-Police have not involved in the civil disputes between the petitioners and the unofficial respondents herein. 5. In that view of the matter, the Writ petition is disposed of. However, the Police are directed not to interfere into the civil disputes between the petitioners and the respondents herein without following due process of law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 18.08.2025. SRT HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.20620 of 2020 Dated.18.08.2025 SRT 178