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2025 DAILYLAW 24470 (AP)

R SRINIVASA RAO v. THE STATE OF AP

WP/17740/2025 · 2025-07-15

Venkata Jyothirmai Pratapa

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010345072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) QMS ■ il WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 17740 OF 2025 Between: R Srinivasa Rao, S/o Atakeswara Rao, Aged about 65 years, occ Retired Employee, r/o D.No. 58-11-147/A, New Karasa, Near Sai Baba Temple, Marripalem, Visakhapatnam. ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Home Department Secretariat, Velagapudi, Amaravati Guntur District. 2. The Commissioner of Police, Visakhapatnam District, Visakhapatnam 3. The Station House Officer, Airport Zone Police Station, Visakhapatnam 4. Gokivada China Ramana, S/o G. Samudram Aged about 60 years, r/o Lakshmi Narasapuram Tattabandha, Ravikamatham, Anakapalli District 5. Dasari Satish, S/o unknown, Lakshmi Narasapuram, Tattabandha, Ravikamatham, Anakapalli District 6. Eswar Rao, S/o unknown, Lakshmi Narasapuram, Tattabandha, Ravikamatham,AnakapalliDistrict 7. Govind, S/o. Unknown, Lakshmi Narasapuram, Tattabandha, Ravikamatham,Anakapalli District ...Respondents w 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 one in the nature of Writ of Mandamus, declaring the action of the respondent No. 3 in calling the petitioner to the police station at the behest of 4th respondent and threatening to settle the matter with the 4th respondent and withdraw the suit O.S. No. 520 of 2024 pending on the file of the II Junior Civil Judge at Visakhapatnam otherwise implicate him in false criminal cases, thereby causing interference in the civil disputes, as being illegal arbitrary, unjust, unconstitutional and violative of Article 21 of the Constitution of India and consequently direct the 2nd respondent to take action against the 3rd respondent for adopting illegal methods, and to grant such other relief or reliefs as this Hon’ble Court deems fit and proper in the circumstances of the case. 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 direct the respondent No. 3 herein not to call the petitioner to the police station or in any manner interfere in the civil disputes including the personal life and liberty of the petitioner, pending disposal of the main Writ Petition Counsel for the Petitioner: SMT. V,BABY RANI Counsel for the Respondents No.1 to 3: GP FOR HOME The Court made the following order: r APHC010345072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 17740/2025 Between: 1.R SRINIVASA RAO, S/0 ATAKESWARA RAO, AGED ABOUT 65 YEARS, OCC RETIRED EMPLOYEE R/0 D.NO. 58-11-147/A, NEW KARASA, VISAKHAPATNAM. NEAR SAI BABA TEMPLE, MARRIPALEM, ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME SECRETARIAT, VELAGAPUDI, AMARAVATI DEPARTMENT GUNTUR DISTRICT. 2.THE COMMISSIONER OF POLICE, VISAKHAPATNAM DISTRICT, VISAKHAPATNAM 3.THE STATION HOUSE OFFICER, AIRPORT ZONE POLICE STATION, VISAKHAPATNAM 4.GOKIVADA CHINA RAMANA, S/0 G.SAMUDRAM AGED ABOURT 60 YEARS, R/0 LAKSHMI NARASAPURAM RAVIKAMATHAM, ANAKAPALII DISTRICT TATTABANDHA, 5.DASARI SATISH, S/0 UNKNOWN, LAKSHMI NARASAPURAM TATTABANDHA, RAVIKAMATHAM, ANAKAPALII DISTRICT 6.ESWAR RAO S/0 UNKNOWN, LAKSHMI NARASAPURAM TATTABANDHA, RAVIKAMATHAM, ANAKAPALII DISTRICT ...RESPONDENT(S): i under Article 226 of the Constitution of India praying that in the under Article therewith, the High Court may be Direction, more Petition circumstances stated in the affidavit filed respondent No. 3 in calling the pe i ion uer with the 4th respondent rd:rd:awt"Nr520 2024 pending on the file of the ,1 Junior unjust, unconstitutional and violative of ® ° ‘he ConsMu and consequently direct the 2nd " nt tuch orer relief or respondent for^a^t-gj'tegaemefiO^s^ Proper in the circumstances of the ft; false criminal cases, reliefs as case. »A NO: 1 OF 2025 ^ 1CPC oravinQ that in the circumstances stated manner interefere in the civil disputes including the pending disposal of the mam Writ pleased to police station or in any personal life and liberty of the petitioner Petition, and to pass Counsel for the Petitioner; 1.V BABY RANI Counsel for the Respondent(S); 1.GP FOR HOME 3 \ The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer; “ to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent No. 3 in calling the petitioner to the police station at the behest of 4th respondent and threatening to settle the matter with the 4th respondent and withdraw the suit O.S.No. 520 of 2024 pending on the file of the II Junior Civil Judge at Visakhapatnam otherwise implicate him in false criminal cases, thereby causing interference in the civil disputes, as being illegal arbitrary, unjust, unconstitutional and violative of Article 21 of the Constitution of India and consequently direct the 2nd respondent to take action against the 3rd respondent for adopting illegal methods, and to grant such other relief or reliefs as this Honble Court deems fit and proper in the circumstances of the case....” ■/ 2. Heard Smt.V.Baby Rani, learned counsel for the petitioner and learned Assistant Government Pleader for Home. Learned counsel for the petitioner would submit that the police are 3. calling the petitioner to the police station and threatening him to withdraw the suit filed by him. 4. Learned Assistant Government Pleader for Home would submit that. based on the representation submitted by respondent No.6, the police are calling the petitioner to the police station, but the petitioner did not turn up. Learned Assistant Government Pleader would further submit that no crime has been registered against the petitioner. f 4 Considering the submissions made, this Writ Petition is disposed of, 5. directing the police to follow procedure according to law. In the absence of any criminal case against the petitioner, they need not call him to the police station to settle any civil dispute. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// V 2^ ' SECTION OFFICER To, 1. The Principal Secretary, State of Andhra Pradesh, Home Department Secretariat, Velagapudi, Amaravati Guntur District. The Commissioner of Police, Visakhapatnam District, Visakhapatnam The Station House Officer, Airport Zone Police Station, Visakhapatnam One CC to SRI V BABY RANI Advocate [OPUC] Two CCs to GP FOR HOME High Court of Andhra Pradesh [OUT] Two CD Copies 2. 3. 4. 5. 6. gsg HIGH COURT DATED:16/07/2025 ORDER WP NO. 17740 OF 2025 ^OfANOW^ X 7^ m 2025 m» WJ ^ . Current Section ^ 55S^SPATC\^^^ DISPOSING THE WP WITHOUT COSTS