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2025 DAILYLAW 31616 (AP)

CHAKKAPALLI APPA RAO v. THE STATE OF AP

WP/23442/2025 · 2025-09-01

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010462562025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 23442/2025 Between: 1. CHAKKAPALLI APPA RAO, S/O.VEERABHADRA RAO, AGED 45 YEARS, R/O.D.NO.3-80, MAIN ROAD, LAMPAKALOVA PRATHIPADU MANDAL, EAST GODAVARI DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 2. THE SUPERINTENDENT OF POLICE, KAKINADA DISTRICT, AT KAKINADA. 3. THE DEPUTY SUPERINTENDENT OF POLICE, PEDDAPURAM, KAKINADA DISTRICT. 4. THE STATION HOUSE OFFICER, PRATHIPADU POLICE STATION, KAKINADA DISTRICT. 5. BOLLU CHAKKAPALLI NAGALAKSHMI, D/O.BOLLU ADINARAYANA, R/O.POST OFFICE STREET, DARMAVARAM KAKINADA 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 a Writ of Mandamus declaring the action of the 4th respondent herein in threatening the petitioner with dire consequences and harassing the petitioners by calling to the police station frequently without any fault of the petitioner highhandedly and further threatening the petitioner that they would implicate in false cases as illegal, arbitrary, unjust, and also violation of Articles 14 and 21 of the Constitution of India and consequently, to direct the 4th respondent not to call the petitioner or his family members to the police station with unconnected issue or interfere with the peaceful and enjoyment of the petitioner or petitioners family personal life and to pass 2 Counsel for the Petitioner: 1. SIVA NAGARJUNA SIDHADAPU Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: ORDER: The instant Writ Petition is filed by the Petitioner seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief: “ .... to issue a Writ, order or direction more particularly one in the nature of a Writ of Mandamus declaring the action of the 4th respondent herein in threatening the petitioner with dire consequences and harassing the petitioners by calling to the police station frequently without any fault of the petitioner highhandedly and further threatening the petitioner that they would implicate in false cases as illegal, arbitrary, unjust, and also violation of Articles 14 and 21 of the Constitution of India and consequently, to direct the 4th respondent not to call the petitioner or his family members to the police station with unconnected issue or interfere with the peaceful and enjoyment of the petitioner or petitioners family personal life and to pass ....” 2. Heard Sri Siva Nagarjuna Sidhapu, learned counsel for the Petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home appearing for Respondent Home. Perused the material on record. 3. Learned counsel for the Petitioner would submit that the marriage of petitioner with respondent No.5 was performed on 13.08.2014 at Dharmavaram and due to some disputes, Petitioner filed HMOP No.27 of 2024 on the file of the Court of Civil Judge (Senior Division) Peddapuram and obtained divorce on the ground of cruelty and desertion vide Order dated 12.11.2024. Learned counsel would submit that respondent No.5 had political influence with the ruling party and trying to extract money from him and interfering with his peaceful life and threatening to transfer the properties on her name and the respondent police 3 are calling him and his family members to the police station without there being any crime registered against him or his family members, which is illegal and arbitrary. Learned counsel would submit that this Writ Petition may be disposed of by passing appropriate orders. 4. On the other hand, learned Assistant Government Pleader for Home on written instructions, would submit that petitioner and his family members harassed respondent No.5 for additional dowry and subject her mentally and physically. Further, Petitioner obtained an ex-parte decree of divorce behind the back of his wife /respondent No.5 and that she came to the police station and made allegations against the petitioner and one out of the allegations is that petitioner had an unobjectionable intimacy with other woman. Further, respondent No.5 is taking care of her in-laws and that no crime is registered against the Petitioner but due to family disputes, police called the petitioner and his family members to the police station for family counselling and that this Court may pass appropriate orders by disposing of this Writ Petition. 5. Considering the submissions and having regard to the facts and circumstances of the case, it is apposite to direct respondent Police not to call the petitioner or his family members to the Police Station without there being any crime registered against them. Respondent Police shall follow due process of law, if any case is registered against the Petitioner and his family members. Needless to say, parties can work out their remedies before appropriate forum regarding their family issues. 4 6. With the above directions, this Writ Petition is disposed of. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 23442 of 2025 02.09.2025 Mjl /*