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2025 DAILYLAW 32476 (AP)

KAKUMANU VENKATA KRISHNA MOHANA RAO v. THE STATE OF ANDHRA PRADESH

WP/25138/2025 · 2025-09-17

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010479772025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY,THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25138 OF 2025 Between: 1. KAKUMANU VENKATA KRISHNA MOHANA RAO, S/o. K.Purna Chandra Rao, Aged 53 years, Occ Business, R/o. Door No. 9 Drain Street, Islampet, Vijayawada (Rural), Krishna, Andhra Pradesh 520001. 1. THE STATE OF ANDHRA PRADESH, Rep.by its PrI. Secretary to Govt., Home Department, Secretariat, Velagapudi, Guntur. 2. Commissioner of Police, NTR Commissionerate, NTR District (Erstwhile Krishna). 3. Assistant Commissioner of Police, Vija Police Station Compound, NTR District (Erstwhile Krishna). 4. Circle Inspector of Police, 1 Town Police Station, NTR District (Erstwhile Krishna). 5. Nalam Rajesh, S/o. Gopala Rao, Aged 48 years, OccjBusiness, R/o. Door No. 76-1-57, 58B Shop No.1, Dargah Flats, Revenue Ward No. 28A, Vijayawada, Krishna, Andhra Pradesh 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA PETITION NO: 25138 OF 2025 1. KAKUMANU VENKATA KRISHNA MOHANA RAO, S/o. K.Purna Chandra Rao, Aged 53 years, Occ Business, R/o. Door No. 9-62-44, Plot No. 103, Drain Street, Islampet, Vijayawada (Rural), Krishna, Andhra Pradesh ...Pet AND 1. THE STATE OF ANDHRA PRADESH, Rep.by its PrI. Secretary to Govt., Home Department, Secretariat, Velagapudi, Guntur. 2. Commissioner of Police, NTR Commissionerate, NTR District (Erstwhile 3. Assistant Commissioner of Police, Vijayawada West Division, 1 Town Police Station Compound, NTR District (Erstwhile Krishna). 4. Circle Inspector of Police, 1 Town Police Station, NTR District (Erstwhile 5. Nalam Rajesh, S/o. Gopala Rao, Aged 48 years, OccjBusiness, R/o. Door 57, 58B Shop No.1, Dargah Flats, Revenue Ward No. 28A, Vijayawada, Krishna, Andhra Pradesh - 520012. IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY,THE EIGHTEENTH DAY OF SEPTEMBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. KAKUMANU VENKATA KRISHNA MOHANA RAO, S/o. K.Purna Chandra 44, Plot No. 103, Drain Street, Islampet, Vijayawada (Rural), Krishna, Andhra Pradesh - ...Petitioner 1. THE STATE OF ANDHRA PRADESH, Rep.by its PrI. Secretary to Govt., 2. Commissioner of Police, NTR Commissionerate, NTR District (Erstwhile yawada West Division, 1 Town 4. Circle Inspector of Police, 1 Town Police Station, NTR District (Erstwhile 5. Nalam Rajesh, S/o. Gopala Rao, Aged 48 years, OccjBusiness, R/o. Door 57, 58B Shop No.1, Dargah Flats, Revenue Ward No. 28A, 2 6. Samudrala Govind, S/o. Veera Narayana, Aged 49 years, Occ Busines Dargah Flats, Vasavi Kalyanamandapam Road, Bhavanipuram, Vijayawada , Vijayawada, NTR Dist, Andhra Pradesh - 520012. 7. YVRNP Sathish, S/o. Ram mohanrao. Aged 46 years, Occ Business, R/o. Door No. 11-35-3, Kotamraju vari Street Vijayawada, Andhra Pradesh - 520001. 8. Maturi Ramesh Kumar, S/o. Rajendra Prasad Late, Aged 49 years, Occ Business, R/o. Door No. 76-3-5/7, Ashramam Road, Bhavanipuram, Vijayawada , Vijayawada, NTR Dist, Andhra Pradesh - 520012. 9. D Narendra, S/o. Not Known, Aged 46 years, Occ Business, R/o. Door No. 76-1-57, 58B Shop No.1, Dargah Flats, Revenue Ward No. 28A, Vijayawada, Krishna, Andhra Pradesh - 520012. 10. Prasad, S/o. Not Known, Aged 47 years, Occ Business, R/o. Door No. 76-1-57, 58B Shop No.1, Dargah Flats, Revenue Ward No. 28A, Vijayawada, Krishna, Andhra Pradesh - 520012. ...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 pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondent No 3 is interefering with the personal life and liberty of the petitioner and making him to wait in ACP Office, Vijayawada West Division, Vijayawada for settlement of an alleged Business Contract Transaction disputes, as illegal, irregular, irrational, violative of Articles 14 and 21 of Constitution of India and consequently direct the 3rd respondent not to interfere with the petitioner life and liberty by repeatedly calling him to ACP Office, Vijayawada West Division, Vijayawada without following due process of law and to pass IA NO: 1 OF 2025 3 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 3rd respondent not to interfere with the petitioner life and liberty by repeatedly calling him to ACP Office, Vijayawada West Division, Vijayawada without following due process of law pending disposal of the above writ petition and pass Counsel for the Petitioner: VAJJA CHETHAN KUMAR REDDY Counsel for the Respondents: GP FOR HOME The Court made the following order: 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25138 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 more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondent No 3 is interefering with the personal life and liberty of th1e petitioner and making him to wait in ACP Office, Vijayawada West Division, Vijayawada for settlement of an alleged Business Contract Transaction disputes, as illegal, irregular, irrational, violative of Articles 14 and 21 of Constitution of India and consequently direct the 3rd respondent not to interfere with the petitioner life and liberty by repeatedly calling him to ACP Office, Vijayawada West Division, Vijayawada without following due process of law and to pass…” 02. Heard Sri Vajja Chethan Kumar Reddy, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 02. The learned counsel for the petitioner submitted that, without there being any crime registered against the petitioner, the police are calling the petitioner every day to the police station and interfering with the business transaction disputes between the petitioner and the unofficial respondents. 03. The learned Assistant Government Pleader for Home, on instructions, submits that the unofficial respondents had made a representation before the police and, upon receipt of the same, the matter was enquired into and it was 5 found that the subject dispute is civil in nature. It is further submitted that the police authorities are not interfering in the petitioner’s personal life and have never called him for settlement of any alleged business contract. 04. Considering the submissions, this petition is disposed of. However, the police are directed to follow the due process of law in the event of registration of any crime against the petitioner. Further, the police are directed not to call the petitioner to the police station or interfere in the monitory transaction disputes in the absence of any crime registered against the petitioner. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 18.09.2025 KKV 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.25138 of 2025 Dated.18.09.2025 KKV