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2025 DAILYLAW 25021 (AP)

Kukkala Madhu Ganesh v. The State of Andhra Pradesh

WP/18102/2025 · 2025-07-20

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010353572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18102/2025 Between: 1. KUKKALA MADHU GANESH, S/O LATE VENKATESWARA RAO, AGE ABOUT 24 YEARS, OCC PRIVATE EMPLOYEE, R/O D.NO.4- 39/1, VENDRA, PALAKODERU MANDAL, WEST GODAVARI DISTRICT. 2. KUKKALA SURYA KUMARI, W/O LATE VENKATESWARA RAO, AGE ABOUT 47 YEARS, OCC CULTIVATION, R/O D.NO.4-39/1, VENDRA, PALAKODERU MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE DIVISIONAL POLICE OFFICER, SUPERINTENDENT OF POLICE, WEST GODAVARI DISTRICT AT BHIMAVARAM. CUM 3. THE SUB-DIVISIONAL POLICE OFFICER-CUM-DEPUTY SUPERINTENDENT OF POLICE, BHIMAVARAM SUB- DIVISION, BHIMAVARAM, WEST GODAVARI DISTRICT. 4. THE STATION HOUSE OFFICER, PALAKODERU VILLAGE AND MANDAL, WEST GODAVARI DISTRICT. 5. SRI KUKKALA GANESWARA RAO S/O VENKANNA, AGE ABOUT 84 YEARS, R/O D.NO.4-39, VENDRA, PALAKODERUMANDAL, WEST GODAVARI DISTRICT SMT.LLLA NAGAMANI W/O VENKATESWARA RAO, AGE ABOUT 54 YEARS, OCC HOUSE WIFE, R/O PLOT NO.48, RK.NAGAR, POTHINA 2 MALLAIAHPALEM, (PM PALEM), NEAR YSR STADIUM, HOUSING BOARD COLONY, VISAKHAPATNAM RURAL, VISAKHAPATNAM DISTRICT 3. THE SUBDIVISIONAL POLICE OFFICERCUMDEPUTY SUPERINTENDENT OF POLICE, , BHIMAVARAM SUB- DIVISION, BHIMAVARAM, WEST GODAVARI DISTRICT. 4. THE STATION HOUSE OFFICER, PALAKODERU VILLAGE AND MANDAL, WEST GODAVARI DISTRICT. 5. SRI KUKKALA GANESWARA RAO, S/O VENKANNA, AGE ABOUT 84 YEARS, R/O D.NO.4-39, VENDRA, PALAKODERUMANDAL, WEST GODAVARI DISTRICT 6. SMT LLLA NAGAMANI, W/O VENKATESWARA RAO, AGE ABOUT 54 YEARS, OCC HOUSE WIFE, R/O PLOT NO.48, RK.NAGAR, POTHINA MALLAIAHPALEM, (PM PALEM), NEAR YSR STADIUM, HOUSING BOARD COLONY, VISAKHAPATNAM RURAL, VISAKHAPATNAM DISTRICT ...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 to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the official respondents in interfering into the civil dispute, calling the Petitioners to the police station, pressurizing for private settlement with unofficial respondents, as illegal, arbitrary and violation of principles of natural justice and consequently direct the official respondents not to interfere into civil dispute and call the Petitioners for private settlement with unofficial respondents and to pass such Counsel for the Petitioner(S): 1. K V L NARASIMHA RAO Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18102/2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the official respondents in interfering into the civil dispute, calling the Petitioners to the police station, pressurizing for private settlement with unofficial respondents, as illegal, arbitrary and violation of principles of natural justice and consequently direct the official respondents not to interfere into civil dispute and call the Petitioners for private settlement with unofficial respondents and to pass such…” 2. When the matter is taken up for hearing, learned Assistant Government Pleader for Home upon written instructions would submit that a criminal case has been registered against the petitioners in Cr.No.93 of 2025 for the offences punishable under Sections 323, 420, 506, 120b, 468 r/w 34 of IPC of Palakoderu P.S. 3. Sri K.V.L.Narasimha Rao, learned counsel for the petitioners would submit that there may be a direction to the Police, not to call the petitioners to the Police station for private settlement. 4. Considering the submissions made, the Writ Petition is disposed of. However, the Police are directed to follow the due process according to law and they cannot call the petitioners to the Police Station for private settlement. No order as to costs. 4 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 21.07.2025 UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.18102 of 2025 Dated.21.07.2025 UPS 75