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2025 DAILYLAW 30973 (AP)

SRI PEBBILI RAVI KUMAR v. THE STATE OF AP

WP/22766/2025 · 2025-08-27

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010448402025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) A- THURSDAY, THE TWENTY EIGHTH DAY OF AUGUS TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No: 22766 OF 2025 Between: Sri Pebbili Ravi Kumar, S/o.(late) Pebbili Rama Mohana Rao, Aged 53 years, Propr. R.K. Constructions, D.No.18-175, Prahladapuram, Simhachalm Visakhapatnam, Aadhar No. 5916 7753 1819. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep., by its Principal Secretary (Home) Secretariat, Velagapudi, Amaravathi. 2. The Directorate General of Police, Police Head Quarters, Mangalagiri Guntur District. 3. The Commissioner of Police, Visakhapatnam City. 4. The Station House Officer, M.V.P., Police Station, Visakhapatnam City 5. Smt. Allu Kalyani, W/o. Allu Ramu, Aged 36 years, Kummaraveedhi Kothapali, Kotabommali, Srikakulam 532201 Presently at Near Rama Talkies, Visakhapatnam. ...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 or Order or Direction more particularly one in the nature of a WRIT OF MANDAMUS declaring the action of the respondents particularly the respondent is trying to Interfere into the Civil and Monetary Disputes of the Petitioner and the Un-Official (5*^) Respondent in connection recovery of money without have any enforceable debt or any other documents in continuance of the same the 4*'^ respondent Calling the Petitioner to the Police Station and pressurizing to Settle the Civil and monetary Dispute with the Un-official respondent No.5 fails to settle the money warned the petitioner that they will implicate into a false Criminal Case all are Illegal, Unlawful, Violation of Police Standing Orders, Violation of Principles of Natural Justice, Viiolation of Articles 14, 19, 21, 300-A of the Constitution of India, Consequently direct the respondent No.4 not to Interfere in the Civil and Monetary Dispute relating to the recovery of money Etc. harass nor call for the petitioner to the Police Station except on registration of a Crime there by strictly to follow the Procedure under the law including guidelines of Apex Court. 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 4 not to harass the Petitioner as well as not to Call to the M.V.P., Police Station or interfere into the Civil and Monetary disputes in between the petitioner as well as the Un-official respondent (R-5) inconnection with recovery of amount pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI R.SIVA SAI SWARUP Counsel for the Respondent Nos.1 to 4: SRI V.FAROOQ, ASST.GP FOR HOME Counsel for the Respondent No.5: The Court made the following order: , or 4 APHC010448402025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] I THURSDAY, THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 22766/2025 Between: SRI PEBBILI RAVI KUMAR, S/0 (LATE) PEBBILI RAMA MOHANA RAO , AGED. 53 YRS, PROPR., R.K. PRAHLADAPURAM, SIMHACHALM VISAKHAPATNAM.AADHAR NO. 5916 7753 1819 CONSTRUCTIONS , D.NO.18-175 ...PETITIONER AND 1.THE STATE OF AP, REP., BY ITS PRINCIPAL SECRETAIY (HORNE) SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2.THE DIRECTORATE GENERAL OF POLICE, POLICE HEAD QUARTERS, MANGALAGIRI GUNTUR DISTRICT. 3.THE COMMISSIONER OF POLICE, VISAKHAPATNAM CITY. 4.THE STATION HOUSE OFFICER, M.V.P., POLICE STATION, VISAKHAPATNAM CITY 5.SMT ALLU KALYANI, W/0 ALLU RAMU, AGED 36 YRS, KUMMARAVEEDHI KOTHAPALI, KOTABOMMALI, SRIKAKULAM 532201 PRESENTLY AT NEAR RAMA TALKIES, VISAKHAPATNAM. ...RESPONDENT(S): Counsel for the Petitioner: 1.R SIVASAI SWARUP Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: a Writ of Mandamus declaring the action of the respondents particularly the 4th respondent is trying to Interfere into the Civil and Monetary Disputes of the Petitioner and the Un-official (5th) Respondent in connection recovery of money without have any enforceable debt or any other documents in continuance of the same the 4th respondent Calling the Petitioner to the Police Station and pressurizing to Settle the Civil and monetary Dispute with the Un-official respondent no. 5 fails to settle the money warned the petitioner that they will Implicate into a false Criminal 2 Case all are Illegal, Unlawful, Violation of Police Standing Orders, Violation of Principles of Natural Justice, Violation of Article 14.19,21,3o6-A- of the Constitution of India, Conseguently direct the respondent no. 4 not to Interfere in the Civil and Monetary Dispute relating to the recovery of money Etc., or harass nor call for the petitioner to the police Station except on registration of a Crime there by strictly to follow the Procedure under the law including guidelines of Apex Court.” Sri R.Siva Sai Swarup, learned counsel for the Petitioner would submit that, without there being any crime registered against the Petitioner, he called to the Police Station and the Police are insisting him to pay the amount to Respondent No.5. Learned counsel would further submit that, there is a civil dispute between the Petitioner and Respondent No.5 and the Police interfering with the same, Sri V.Farooq, learned Assistant Government Pleader for Home takes notice on behalf of the State and would submit that the Police are not interfering in the civil disputes between the parties. Considering the submissions made, the Writ Petition is disposed of directing the Police not to call the Petitioner to the Police Station, in the absence of any crime registered against him. In case any crime is registered against the Petitioner, Police are directed to follow due process of law. There shall be no order as to costs. 2. was are 3. 4. As a sequel thereto, miscellaneous petitions, if any, pending shall stand Sd/- N NAGAMMA ASSISTANT REGISTRAR closed. //TRUE COPY// SECTION OFFICER 1. The Principal Secretary (Home), State of Anumd Mptaaesh Secretariat, Velagapudi, Amaravathi, Guntur District. To, 2. The Directorate General of Police, Police Head Quarters, Mangalagiri Guntur District. 3. The Commissioner of Police, Visakhapatnam City. 4. The Station House Officer, M.V.P., Police Station, Visakhapatnam City. 5. Smt.Allu Kalyani, W/o.Allu Ramu, Aged 36 years, Kummaraveedhi Kothapali, Kotabommali, Srikakulam 532201, Presently at Near Rama Talkies, Visakhapatnam. 6. One CC to Sri R.Siva Sai Swarup, Advocate [OPUC] 7. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 8. Two CD Copies. ssb - vk. HIGH COURT DATED:28/08/2025 ORDER WP No.22766 OF 2025 DISPOSING THE WRIT PETITION WITHOUT COSTS