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2025 DAILYLAW 3170 (AP)

NETHIPUDI SWARNALATHA v. THE STATE OF ANDHRA PRADESH

WP/714/2025 · 2025-01-10

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010013712025 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: 714/2025 Between: 1. NETHIPUDI SWARNALATHA, W/O KARUNA KUMAR, AGED ABOUT 52 YEARS, R/O FLAT NO 813, MW OZONE APARTMENT, MADHURAWADA, MIDILAPURI, VISAKHAPATNAM. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY, HOME DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE COMMISSIONER OF POLICE, VIJAYAWADA, NTR DISTRICT. 3. THE DEPUTY COMMISSIONER OF POLICE, VIJAYAWADA, NTR DISTRICT. 4. ADDITIONAL SUPERINTENDENT OF POLICE, (LAW AND ORDER), VIJAYAWADA, KRISHNA DISTRICT. 5. D SUDANAND, S/O SWAMIDAS AGED ABOUT 52 YEARS, R/O D.NO.40-9-12/12, 2ND FLOOR. FLAT NO 4, VAIBAVA TOWERS. WARD NO 13, MUNCIPAL EMPLOYEES COLONY, ACHARYA RAM NAGAR, NEAR BENZ CIRCLE, VIJAYAWADA. ...RESPONDENT(S): Counsel for the Petitioner: 1. P RAVIKANTH 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: “….to issue a Writ or order/s more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in interfering with the personal liberty of the petitioner and summoning the petitioner to the respondent office otherwise than due process of law as being illegal, arbitrary and violative of Art.19, 21 of the Constitution of India and consequently direct the respondents not to interfere with the petitioners life and liberty by summoning the petitioner either to respondent office or to police station without following due process of law and pass…. 2. Heard Sri P.Ravi Kanth, 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 calling the petitioner to the police station at the instance of respondent No.5 regarding the financial dispute between them. Learned counsel would further submit that petitioner is a woman. In fact on the complaint made by the petitioner a crime has been lodged against respondent No.5 in Crime No.547 of 2024 for the offences punishable under Sections 79 and 351(3) of BNS Act, 2024 on 19.09.2024. 4. Learned Assistant Government Pleader would submit that Court may pass appropriate orders. 5. Considering the submissions made, this Writ Petition is disposed of. However, the police are directed to follow 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 148 HON’BLE SMT. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.714 of 2025 Dt.10.01.2025 MH