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2025 DAILYLAW 26741 (AP)

Pabbathi Ramesh Babu v. The Station House Officer

WP/19482/2025 · 2025-07-29

B V L N Chakravarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010379142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] WEDNESDAY, THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 19482/2025 Between: 1. PABBATHI RAMESH BABU, S/O PABBATHI VENKATESHWARLU AGED ABOUT 55YRS, OCC- BUSINESS R/O H.NO.2-50, MULAANPETA NANDYAL, NANDYAL DISTRICT ...PETITIONER AND 1. THE STATION HOUSE OFFICER, III TOWN POLICE STATION NANDYAL, NANDYAL DISTRICT 2. THE DEPUTY SUPERINTENDENT OF POLICE, NANDYAL, NANDYAL DISTRICT 3. THE ADDITIONAL SUPERINTENDENT OF POLICE, NANDYAL, NANDYAL DISTRICT 4. THE SUPERINTENDENT OF POLICE, NANDYAL, NANDYAL DISTRICT 5. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 6. VEERANJANEYA PRASAD, S/O KURAKU YELLA SUBRAMANYAM AGED ABOUT 50YRS, OCC- BUSINESS R/O SAI ANANDAM APARTMENTS TTD ROAD, SANJEEVA NAGAR NANDYAL, NANDYAL DISTRICT 7. PASUPULA SUDHAKAR, S/O SATYANARAYANA AGED ABOUT 2 SOYRS, OCC- BUSINESS R/O OPP- BAKASURA HOTEL NGOS COLONY, NANDYAL NANDYAL 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 a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action of the respondent Nos.1 to 3 in interfering with the civil dispute between the petitioner and respondent Nos.6 and 7 and summoning the petitioner to the police station and thereby disturbing the personal liberty of the petitioner without following due process of law as arbitrary, illegal and violation of Articles 14 and 21 of the Constitution of India and consequently direct the respondent Nos.1 to 3 not to interfere with the civil dispute between the petitioner and respondent Nos.6 and 7 and not to disturb the personal liberty of the petitioner in the interest of justice. IA 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 pleased to direct the respondent Nos.1 to 3 not to disturb the personal liberty of the petitioner for purpose of settling the civil dispute between the petitioner and respondent Nos.6 and 7 without following due process of law pending disposal of the writ petition in the interest of justice. Counsel for the Petitioner: 1. P MADHUKAR REDDY Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 19482/2025 ORDER: This Writ Petition under Article 226 of the Constitution of India is filed for the following relief: “…..pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action of the respondent Nos.1 to 3 in interfering with the civil dispute between the petitioner and respondent Nos.6 and 7 and summoning the petitioner to the police station and thereby disturbing the personal liberty of the petitioner without following due process of law as arbitrary, illegal and violation of Articles 14 and 21 of the Constitution of India and consequently direct the respondent Nos.1 to 3 not to interfere with the civil dispute between the petitioner and respondent Nos.6 and 7 and not to disturb the personal liberty of the petitioner in the interest of justice....” 2. Heard Sri P.Madhukar Reddy, learned counsel for the petitioner and learned Assistant Government Pleader appearing for the respondent/State. 3. Learned Assistant Government Pleader on written instructions would submit that basing on the report of the 6th respondent, the Police conducted a preliminary enquiry and the preliminary enquiry of the Police would reveal that the dispute between the petitioner and the unofficial respondents relates to civil disputes. So far, they did not register any FIR and they will not interfere in the subject matter. 4. The submission of the learned Assistant Government Pleader is placed on record. 4 4. In the light of the submission made by the learned Assistant Government Pleader, no further orders are required in the writ petition and the writ petition can be dispose of at the stage of admission without going into the merits of the case observing that the Police shall follow the procedure established by law in case of civil disputes. 5. Accordingly, the Writ petition is disposed of. No costs. As a sequel thereto, the interlocutory applications, if any, pending in this Writ Petition shall stand closed. ________________________________ JUSTICE B.V.L.N. CHAKRAVARTHI Dated: 30.07.2025. UPS 5 35 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI WRIT PETITION NO: 19482 of 2025 Date: 30.07.2025. UPS