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9 ¥ APHC010459372025 IN THE HIGH COURT OF ANDHRA PRADES AT AMARAVATI / (Special Original Jurisdiction) | WEDNESDAY,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23935 OF 2025 Between:
1. Gunji Thirupathaiah, aged about 77 years, R/o. 7-240/5, Ongole, Prakasam District, Andhra Pradesh - 523001. 2. Gunji Kamalamma, W/o. Thirupathaiah, aged about 70 years, R/o. 7- 240/5, Ongole, Prakasam District, Andhra Pradesh - 523001. 3. Vemula Anuradha, C/o. Vemula Venkateswara Rao, aged about 47 years, R/o. 34-62-504, Sujatha Nagar, VTC Ongole, Prakasam District, Andhra Pradesh - 523001. 4. Kumbha Vara Lakshmi, W/o. Suresh Babu, aged about 51 years, R/o. 240 (5), Sujatha Nagar, 4th Lane, Near Police Quarters, Ongole, Prakasam District. 5. Gunji Suresh Babu,, S/o. Thirupataiah, aged about 48 years, R/o. D. No. 7-240/5, Sujatha Nagar 4 line, Ongole, Prakasam District, Andhra Pradesh-523001. 7- ...Petitioners AND
1. The State Of Andhra Pradesh, rep. by its Principal Secretary, Home Department, A.P Secretariat Office, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh. 2. The Special Investigation Team, SIT office, M.G.Road, Vijayawada, Andhra Pradesh. 3. The Commissioner of Police, NTR Commissionerate, Vijayawada, NTR District, Andhra Pradesh. 4. The Assistant Commissioner of Police, Central Division, NTR Police Commissionerate, NTR District, Andhra Pradesh. 5. The Station House Officer, Machavaram Police Station, Vijayawada, NTR District, Andhra Pradesh. 6. M/s Advika Trading Company, rep by its managing directors Venkata Adithya Tadepalli and Naga Suresh Kapalavayi, R/o. NTR District, Andhra Pradesh. ...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 Order or direction particularly, one in the nature of writ of Mandamus declaring the action of Respondent Nos. 2 to 5, Police authorities, who, without any authority of law, has been repeatedly calling the petitioner to the Respondent No.5 police station and making him sit there for prolonged hours without the registration of any crime or any reason or justification. The said actions are arbitrary, illegal, and violative of Articles 14,19, and 21 of the Constitution of India and Respondent Nos. 2 to 5 police authorities not to call consequently direct the the petitioner unnecessarily to the Respondent No.5 police station without following due procedure established by the law.
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 Nos.2 to 5, Police authorities not to call the petitioner to the Respondent No.5 police station unnecessarily without following due procedure established by the law pending disposal of the above writ petition. '•ix/ Counsel for the Petitioners: SRI D TARAKA PRASAD Counsel for the Respondent Nos.1 to 5: GP FOR HOME Counsel for the Respondent No.6: NONE APPEARED The Court made the following order:
APHC010459372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23935/2025 Between:
1.GUNJI THIRUPATHAIAH, AGED ABOUT 77 YEARS, R/0. 7-240/5 ONGOLE, PRAKASAM DISTRICT, ANDHRA PRADESH - 523001. 2.GUNJI KAMALAMMA, W/O. THIRUPATHAIAH, AGED ABOUT 70 YEARS, R/0. 7- 240/5, ONGOLE, PRAKASAM DISTRICT, ANDHRA PRADESH - 523001. 3.VEMULA ANURADHA, C/0. VEMULA VENKATESWARA RAO, AGED YEARS, R/0. 34-62-504, SUJATHA NAGAR, VTC ABOUT 47 ONGOLE, PRAKASAM DISTRICT, ANDHRA PRADESH - 523001. 4.KUMBHA VARA LAKSHMI, W/O. SURESH BABU, AGED ABOUT 51 YEARS, R/0. 7- 240 (5), SUJATHA NAGAR, 4TH LANE, NEAR POLICE QUARTERS, ONGOLE, PRAKASAM DISTRICT. 5.GUNJI SURESH BABU S/O.
THIRUPATAIAH, AGED ABOUT 48 YEARS, R/0. D. NO. 7-240/5, SUJATHA NAGAR 4 LINE, ONGOLE, PRAKASAM DISTRICT, ANDHRA PRADESH-523001. ...PETITIONER(S) AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, A.P SECRETARIAT OFFICE, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2.THE SPECIAL INVESTIGATION TEAM, SIT OFFICE, M.G.ROAD, VIJAYAWADA, ANDHRA PRADESH. 3.THE COMMISSIONER OF POLICE, NTR COMMISSIONERATE,
VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH. 4.THE ASSISTANT COMMISSIONER OF POLICE, CENTRAL DIVISION, COMMISSIONERATE, NTR DISTRICT, ANDHRA NTR POLICE PRADESH. 5.THE STATION HOUSE OFFICER, MACHAVARAM POLICE STATION, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH. 6.M/S ADVIKA TRADING COMPANY, REP BY ITS MANAGING DIRECTORS VENKATA ADITHYA TADEPALLI AND NAGA SURESH KAPALAVAYI, R/0. NTR DISTRICT, ANDHRA PRADESH.
...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 topleased to issue a Writ Order or direction particularly, one in the nature of writ of Mandamus declaring the action of Respondent Nos. 2 to 5, Police authorities, who, without any authority of law, has been repeatedly calling the petitioner to the Respondent No.5 police station and making him sit there for prolonged hours without the registration of any crime or any reason or justification. The said actions are arbitrary, illegal, and violative of Articles 14,19, and 21 of the Constitution of India and consequently direct the Respondent Nos. 2 to 5 police authorities not to call the petitioner unnecessarily to the Respondent No.5 police station without following due procedure established by the law and to pass 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 Nos.2 to 5, Police authorities not to call the petitioner to the Respondent No.5 police station unnecessarily without following due procedure established by the law pending disposal of the above writ petition and to pass Counsel for the Petitioner(S):
1.DTARAKA PRASAD Counsel for the Respondent(S):
1.GP FOR HOME The Court made the following:
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23935 of 2025
ORDER; This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for;
“...pleased to issue a Writ Order or direction particularly one in the nature of writ of Mandamus declaring the action of Respondent Nos. 2 to 5 Police authorities who without any authority of law has been repeatedly calling the petitioner to the Respondent No 5 police station and making him sit there for prolonged hours without the registration of any crime or any reason or justification The said actions are arbitrary illegal and violative of Articles 14 19 and 21 of the Constitution of India and consequently direct the Respondent Nos. 2 to 5 police authorities not to call the petitioner unnecessarily to the Respondent No 5 police station without following due procedure established by the law and pass....’’ t
2. Heard Sri D.Taraka Prasad,
learned counsel for the petitioners and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents.
3.
Learned counsel for the petitioners would submit that the police are calling the petitioners to the police station without there being any crime registered against them and also they are interfering with the civil disputes between them and the unofficial respondent.
4. Learned Assistant Government Pleader for Home would submit that he has no instructions in this matter and the Court may pass appropriate orders.
5. Recording the above said submissions, the Writ Petition is disposed of. However, the police are directed not to call the petitioners to the police station since no crime has been registered against them and also not to interfere with
the civil disputes between the petitioners and the unofficial respondent. Further, in case, a crime is registered against the petitioners, police are
directed to follow due process according to law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.
Sd/- T. SRINIVASA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, Home Department, A.P Secretariat Office, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh.
2. The Special Investigation Team, SIT office, M.G.Road, Vijayawada, Andhra Pradesh.
3. The Commissioner of Police, NTR Commissionerate, Vijayawada, NTR District, Andhra Pradesh.
4. The Assistant Commissioner of Police, Central Division, NTR Police Commissionerate, NTR District, Andhra Pradesh.
5. The Station House Officer, Machavaram Police Station, Vijayawada, NTR District, Andhra Pradesh.
6. One CC to Sri. D Taraka Prasad, Advocate [OPUC]
7. Two CCs to GP For Home, High Court of Andhra Pradesh [OUT]
8. Two CD Copies. AL
HIGH COURT DATED:10/09/2025
ORDER WP NO. 23935 OF 2025 5 U SEP 2025 Current Section a> m,# ★> DISPOSING OF THE W.P. WITHOUT COSTS