KOLLA SUNDARA RAO, v. The State of Andhra Pradesh,
WP/23419/2025 · 2025-09-02
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 31602 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 31602 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010461862025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23419/2025 Between:
1. KOLLA SUNDARA RAO,, C/O LATE K. VENKATESWARA RAO, AGED ABOUT 75 YEARS, R/O. 33-12-8, FLAT NO. 102, PRAKASHA RESIDENCY, BOYAPATI VARI STREET, SEETHARAMPURAM, VIJAYAWADA, KRISHNA (NTR) DISTRICT, ANDHRA PRADESH-
520002.
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY FOR HOME,
SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.
2. THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE,
VIJAYAWADA CITY, NTR DISTRICT.
3. THE DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF DEPUTY SUPERINTENDENT OF POLICE
VIJAYAWADA CITY, NTR DISTRICT.
4. THE STATION HOUSE OFFICER, BHAVANIPURAM P.S., VIJAYAWADA, KRISHNA (NTR) DISTRICT, ANDHRA PRADESH
500012.
...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
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pleased topleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the personnel of Respondent No. 4, wherein they have been continuously harassing the Petitioners under the guise of enquiry without any formal complaint and frequently summoning them to the police station and threatening them to foist false cases in an illegal manner, without any authority whatsoever in relation to the alleged financial transactions entered into by one Mr. Devarapally Venkata Naga Satyanarayana Rao as illegal, without any authority of law, arbitrary and violative of Articles 19 and 21 of the Indian Constitution and consequently direct the 4th Respondent not to harass the Petitioners by orally summoning them without any basis and pass 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 No. 4 not to harass the Petitioner herein by orally summoning them to the police station in the pretext of enquiry, without any basis; and pass Counsel for the Petitioner:
1. SAI SARAN CHODISETTY Counsel for the Respondent(S):
1. GP FOR HOME
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The Court made the following:
ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“…to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the personnel of Respondent No. 4, wherein they have been continuously harassing the Petitioners under the guise of enquiry without any formal complaint and frequently summoning them to the police station and threatening them to foist false cases in an illegal manner, without any authority whatsoever in relation to the alleged financial transactions entered into by one Mr. Devarapally Venkata Naga Satyanarayana Rao as illegal, without any authority of law, arbitrary and violative of Articles 19 and 21 of the Indian Constitution and consequently direct the 4th Respondent not to harass the Petitioners by orally summoning them without any basis and pass....…”
2. Heard Sri Sri Saran Chodisetty, learned Counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents.
3.
Learned counsel for the petitioner would submit that just few minutes back also the petitioner received a call from the police station calling to appear before the police without there being registration of any crime against him and the police are trying to interfere in the civil disputes.
4. Learned Assistant Government Pleader is in attendance and seeks time for instructions.
5. Considering the submissions made, this writ petition is disposed of directing the police not to interfere in civil dispute. In case any crime, if any, is registered against the petitioner by this time, the police are directed to follow
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due process of law to secure the presence of the petitioner before the police. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________
Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 03.09.2025 MH
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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
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W.P.No.23419 of 2025
Dated: 03.09.2025
MH