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2025 DAILYLAW 22390 (AP)

KANDUKURI KANAKA MAHALAKSHMI v. THE STATE OF AP

WP/16065/2025 · 2025-07-02

Harinath N

body2025

Judgment text

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APHC010314852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 16065 OF 909 Between: Smt. Kandukuri Kanaka Mahalakshmi, W/o. Kandukuri Mahesh 33 years, Occ: Housewife, R/o. Government Hospital, Kancharapalem Pradesh. Aged about Near Visakhpatnam- 530008, Andhra D.No.36-99-75, Ramji Asset, ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Home Department, Secretariat Buildings Velagapudi, Amaravathi, Guntur District, Andhra Pradesh. 2. The Director General of Police, The State of Andhra Pradesh Mangalagiri, Andhra Pradesh. 3. The Commissioner of Police, Visakhapatnam City Visakhapatnam District. 4. The Station Visakhapatnam District. 5. The Station House Officer, M.V.P. Police Station, Visakhapatnam District. 6. The Station House Officer, Arilova Police Station, Visakhapatnam District. Visakhapatnam House Officer, Kancharapalem Police Station, Visakhapatnam City, Visakhapatnam City 7. The Station House Officer, I Town Police Station, Visakhapatnam City, Visakhapatnam District. 8. The Station House Officer, II Town Police Station, Visakhapatnam City, Visakhapatnam District. 9. The Station House Officer, IV Town Police Station, Visakhapatnam City, Visakhapatnam District. 10. The Station House Officer, V Town Police Station, Visakhapatnam City, VisakhapatnamDistrict. 11. Kakaraparthi Lakshminarayana, S/o K.Krishna, Aged 28 years,R/o D.no. 13-28-8, Shop no.8, Srihari Plaza, near Prahlada Kalyana Mandapam, Maharanipeta,Visakhapatnam. 12. Smt Pailla Kumari, W/o Srinu, Aged about 40 years, R/o D.No.1-92, Tanam Village, Paravada Mandal, Visakhapatnam, Visakhapatnam District. 13. Billa Kanakaraju, S/o (Not known to the petitioner) Age 38 years, R/o D.No.5-758/1, Singh Nagar, Chinagadil, Visakhapatnam 14. Chipurupalli Koti, S/o Sri Ramulu, Age Not known, R/o Kotapadu Mandal, Dalivalasa Village, Ramalayam Street, Anakapalle,Andhra Pradesh. 15. Sabbavarapu Kishore, S/o Late Mutyalanaidu, Gantyada Mandal, Patha Sriramapuram village, BC Colony, Vizianagaram District. 16. Smt Eagalla Kalyani, W/o Erraji Rao, Age Not known, R/o Vurvasi Junction, Visakhapatnam. 17. Gotivada Venkata Naveen Kumar, S/o Late Ramu, R/o D.No.36-94- 29, Bapuji Nagar, Kancharapalem, Visakhapatnam - 530044. 18. Smt Koya Vardhini, W/o Narendra Reddy, R/o D.No.40-1-24/45 Kasturi Nagar-2, Kailasapuram, Visakhapatnam . 19. Smt Sabbavarapu Kalyani, D/o Venkata Rao, R/o D.No.44-22-33, New colony, Akkayyapalem, Visakhapatnam - 530016. 20. Smt Danala Lakshmi Devi, W/o Ramachandra Rao, R/o D.No.36-91- 151, Nalanda Nagar, Kancharapalem, Visakhapatnam - 530008. f 21. Smt Nagabaktula Mary Alice, W/o Suresh Kumar no.303, SS Gardens, Sector-ll, MVP Colony, Visakhapatnam -530017 22. Pendurthi Suri Babu, S/o Not known to the petitioner, R/o Pendurthi, Visakhapatnam. R/o D.No. 1-57- ...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 order or direction, more particularly one in the nature of writ of Mandamus, declaring the action of the Respondents no 4 to 10 for continuously calling the petitioner through Phone 9490617918 and 9490951063 on 09.04.2025 at 10-30 PM and 21.05.2025 to 27.05.2025, for petitioner's appearance in the Arilova Police Station and other No. 7075477887, police stations within the Visakhapatnam City Police Commissionerate Limits without any reasonable cause or enquiry in respect of any FIR against petitioner, but only in order to harass the petitioner is illegal, arbitrary and violations of BNSS (Bharatiya Nagarik Suraksha Sanhitha) and also violation of articles 14, 19, 20 (3) and 21 of the Constitution of India. Consequently direct the respondent no. 4 to 10 not to call the petitioner without following due process of law. 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 may be pleased to direct the Respondents not to call the petitioner without reasonable cause or crime against him, pending disposal of the above writ petition. / Counsel for the Petitioner: SRI DASARI S. V. V. S. V. PRASAD Counsel for the Respondent Nos.1 to 10: GP FOR HOME Counsel for the Respondent Nos.11 to 22:— The Court made the following order: APHC010314852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 16065/2025 Between: 1.KANDUKURI KANAKA MAHALAKSHMI, W/0. KANDUKURI MAHESH AGED ABOUT 33 YEARS, OCC-HOUSEWIFE, R/0. D.NO.36-99-75, RAMJI KANCHARAPALEM, VISAKHPATNAM- 530008, ANDHRA PRADESH. ASSET, NEAR GOVERNMENT HOSPITAL, ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DIRECTOR GENERAL OF POLICE, THE STATE OF ANDHRA PRADESH, MANGALAGIRI,ANDHRA PRADESH. VELAGAPUDI, 3. THE COMMISSIONER OF POLICE, VISAKHAPATNAM CITY, VISAKHAPATNAM VISAKHAPATNAM DISTRICT. 4. THE STATION HOUSE OFFICER, KANCHARAPALEM POLICE STATION, VISAKHAPATNAM DISTRICT. 5. THE STATION HOUSE OFFICER, M.V.P. POLICE STATION VISAKHAPATNAM CITY, VISAKHAPATNAM DISTRICT. 6. THE STATION HOUSE OFFICER, ARILOVA POLICE STATION, VISAKHAPATNAMCITY, VISAKHAPATNAM DISTRICT. 7. THE STATION HOUSE OFFICER, I TOWN POLICE STATION, VISAKHAPATNAM CITY, VISAKHAPATNAM DISTRICT. % ' " 2 8. THE STATION HOUSE VISAKHAPATNAM CITY OFFICER, II TOWN POLICE VISAKHAPATNAM DISTRICT STATION, OFFICER. V TOWN POLICE VISAKHAPATNAM CITY, VISAKHAPATNAMDISTRICT. 11.KAKARAPARTHI LAKSHMINARAYANA YEARS,R/0 D.NO. 13-28-8 PRAHLADA STATION S/0 K.KRISHNA, AGED 28 SHOP N0.8, SRIHARI PLAZA NEAR MANDAPAM, maharanipeta,visakhapatnam. 12.SMT PAILLA KUMARI, W/0 SRINU D.NO.1-92, AGED ABOUT 40 YEARS paravada district. R/0 TANAM VILLAGE, VISAKHAPATNAM, VISAKHAPATNAM MANDAL, 13.BILU KANAKARAJU, S/0 (NOT KNOWN TO THE age 38 YEARS, R/0 D.NO.5-758/1 VISAKHAPATNAM PETITIONER) SINGH NAGAR, CHINAGADIL ET, ANAKAPALLE,ANDHRA PRADESH. , R/0 RAMAUYAM 15.SABBAVARAPU KISHORE ^/n i ati- 16.SMT EAGALLA KALYANI, R/0 VURVASI JUNCTION BC W/0 ERRAJI RAO VISAKHAPATNAM. KUMAR, S/0 LATE RAMU KANCHARAPALEM age not known 17.GOTIVADA VENKATA NAVEEN D.NO.36-94-29, R/0 BAPUJI VISAKHAPATNAM - 530044. NAGAR, 18.SMT KOYA VARDHINI, 24/45 KASTURI NAGAR-2 19.SMT SABBAVARAPU KALYANI 22-33, NEW COLONY 530016. W/0 NARENDRA REDDY R/0 D.NO.40-1- KAILASAPURAM, VISAKHAPATNAM . D/0 VENKATA RAO, R/0 D.N0.44- AKKAYYAPALEM, VISAKHAPATNAM - 20.SMT DANALA LAKSHMI DEVI, W/0 RAMACHANDRA RAO R/0 3 Sc-- D.NO.36-91-151, NALANDA NAGAR VISAKHAPATNAM - 530008. KANCHARAPALEM, 21.SMT NAGABAKTULA MARY ALICE, W/0 SURESH KUMAR D.NO. 1-57-4/34, FLAT NO.303, SS GARDENS, SECTOR-LL, MVP COLONY, VISAKHAPATNAM - 530017 R/0 22.PENDURTHI SURI BABU, , S/0 NOT KNOWN TO THE PETITIONER R/0 PENDURTHI, 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 topleased to issue a writ order or direction, more particularly one in the nature of writ of Mandamus, declaring the action of the Respondents no 4 to 10 for continuously calling the petitioner through Phone No. 7075477887, 9490617918 and 9490951063 on 09.04.2025 at 10-30 PM and 21.05.2025 to 27.05.2025, for petitioner's appearance in the Arilova Police Station and other police stations within the Visakhapatnam City Police Commissionerate Limits without any reasonable cause or enquiry in respect of any FIR against petitioner, but only in order to harass the petitioner is illegal, arbitrary and violations of BNSS (Bharatiya Nagarik Suraksha Sanhitha) and also violation of articles 14, 19, 20 (3) and 21 of the Constitution of India. Consequently direct the respondent no. 4 to 10 not to call the petitionerwith out following due process of law and to pass 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 may be pleased to direct the Respondents not to call the petitioner without reasonable cause or crime against him, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. DASARI S V V S V PRASAD Counsel for the Respondent(S): 1.GP FOR HOME 4 The Court made the following Order: Learned counsel for the petitioner submits that the petitioner has filed Insolvency Petition in the year 2022 and the same is pending adjudication before the competent Court. It is submitted that respondents 4 to 10 at behest of respondents 11 to 22 are repeatedly calling the petitioner to the police station and pressurizing the petitioner to settle the civil liabilities with respondents 11 to 22. 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home, appearing for the respondents 1 to 10. 3. Considering the submissions, the respondents 4 to 10 are hereby directed not to disturb the peace of the petitioner and not to interfere in the civil disputes pending between the petitioner and respondents 11 to 22, without following due process of law. Accordingly, the Writ Petition is disposed of, at the stage of 4. admission. No costs. 5. As a sequel, miscellaneous petitions, if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, Principal Secretary, Home Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh. 2. The Director General of Police Mangalagiri, Andhra Pradesh. 3. The Commissioner of Police, Visakhapatnam City, Visakhapatnam Visakhapatnam District. 4. The Station House Officer, Visakhapatnam District. 1. The The State of Andhra Pradesh Station, Kancharapalem Police / 5. The Station House Officer, M.V.P. Visakhapatnam District. 6. The Station House Officer, Arilova Police, Station, Visakhapatnam District. 7. The Station House Officer, I Town Police Station, Visakhapatnam District. 8. The Station House Officer, II Town Police Station Visakhapatnam District. 9. The Station House Officer, IV Town Police Station Visakhapatnam District. 10. The Station House Officer, V Town Police City, VisakhapatnamDistrict. 11. One CC to Sri Dasari S. V. V. S. V. Prasad, Advocate [OPUC] 12. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 13. Two CD Copies. Police Station, Visakhapatnam City, Visakhapatnam City, Visakhapatnam City, Visakhapatnam City, Visakhapatnam City, Station, Visakhapatnam ssb HIGH COURT DATED:03/07/2025 ORDER WP No.16065 OF 2025 10JUL 2025 S Current Section DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS