Extracted from the PDF above. The PDF is authoritative.
APHC010008552025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396]
FRIDAY ,THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 628/2025 Between:
1. HANUMANTHARAYAPPA, S/O LATE YAJAMAN HANUMANTHARAYAPPA, AGE 48 YEARS, OCC CULTIVATION, R/O. UPPARAHATTI, H/O. HEMAVATHI, AMARAPURAM MANDAL, SRI SATYA SAI DISTRICT
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.
2. THE DISTRICT SUPERINTENDENT OF POLICE, SRI SATYA SAI DISTRICT.
3. DEPUTY SUPERINTENDENT OF POLICE, PENUKONDA, SRI SATYA SAI DISTRICT.
4. THE STATION HOUSE OFFICER, AMARAPURAM POLICE STATION, SRI SATYA SAI DISTRICT.
5. SMT SHANKRAMMA, W/O LATE UMESH, AGED 38 YEARS, OCC CULTIVATION,
R/O. UPPARAHATTI, H/O. HEMAVATHI, AMARAPURAM MANDAL, SRI SATYA SAI DISTRICT.
...RESPONDENT(S):
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Counsel for the Petitioner:
1. P NARASIMHULU Counsel for the Respondent(S):
1. GP FOR HOME The Court made the following:
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ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer:
“….to issue a writ, order or direction more particularly one in the nature of mandamus declaring the action of the respondents 2 and 4 in interfere with the civil disputes pending before the petitioner and the 5th respondent is illegal, arbitrary and clear violation of article 14, 21 and 300-A of the Constitution of India and consequently direct the respondents no. 2 and 4 not to interfere in the civil disputes and pass….
2. Heard Sri Narasimhulu Parise, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home.
3.
Learned counsel for the petitioner would submit that the police are interfering in the civil disputes.
4. Learned Assistant Government Pleader on written instructions dated 10.01.2025 would submit that the police never interfered in the civil dispute. A crime in Cr.No.1 of 2025 was registered against the petitioner’s wife on the complaint given by the respondent No.5 and the same is pending for investigation.
5. It is beneficial to extract relevant paragraphs from the written instructions below:
“….While the things stood, on 06.01.2025, the 5th respondent has came to police station and lodged a complaint against the petitioner herein and other, and the same was received and basing o the contents of the same the SHO Amarapuram Police Station, Sri Satya Sai District has registered the case in Cr.No.1/2025 u/s. 74 r/w 3(5) BNS Act-2023, registered against accused No.1 Anjali, who is the wife of the present petitioner and three others and further during the course of investigation the investigation officer has examined LW1 to LW5 and further the same is pending under investigation.
It is further submitted that except the registration of the above crime, the respondent police never interfered in the subject site, and further never demanded the petitioner to vacate the subject site. Further submitted that the
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photos which was filed in the affidavit is obtained on the date of registering the said crime when we received dial 100 complaint 7815835972 *NAME* Shankramma/5th respondenr complainant” caller said that her relatives are quarreling and beating her at near Elementary school Uppareu, Hemavathi Village of Amarapuramyu PS Limits.” On which the respondent police has responded and sent a patrolling vehicle along with staff went to pacify the situation…”
6. In that view, this Writ Petition is disposed of. However, the police are
directed not to interfere in the civil dispute and not to summon the petitioner to the police station 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: 10.01.2025 MH
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HON’BLE SMT. JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.628 of 2025
Dt.10.01.2025
MH
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