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2025 DAILYLAW 33393 (AP)

Paidipamula Lakshmi Kumari, v. The State of Andhra Pradesh

WP/25759/2025 · 2025-09-21

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010501702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25759/2025 Between: 1. PAIDIPAMULA LAKSHMI KUMARI,, W/O. P. RAJARAO, AGED ABOUT 54 YEARS R/O. D.NO.28-89, YANAMALAKUDURU, NEAR SAI BABA TEMPLE VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH. 2. PAIDIPAMULA SANDEEP,, S/O. P. RAJARAO, AGED ABOUT 35 YEARS, R/O. D.NO.28-89, YANAMALAKUDURU, NEAR SAI BABA TEMPLE, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS HOME DEPARTMENT, A.P SECRETARIAT OFFICE, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE SUPERINTENDENT OF POLICE, KRISHNA, KRISHNA DISTRICT, ANDHRA PRADESH. 3. THE STATION HOUSE OFFICER, PENAMALURU POLICE STATION, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH. 4. YELLA JAYA LAKSHMI, , W/O. Y. VENKATESWARLU, AGED ABOUT 75 YEARS, R/O. D.NO. 5-22, PEDDAVADIA PUDI, MANGALAGIRI MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH. 5. PAIDIPAMULARAJESH, , S/O. RAJARAO, AGED ABOUT 35 YEARS, R/O. D.NO. 28- 89, BESIDE SAI BABA TEMPLE, YANAMALAKUDURU VILLAGE, PENAMALURU MANDAL, KRISHNA 2 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 to issue a Writ Order or direction particularly, one in the nature of writ of Mandamus declaring the action of Respondent No.S the Station House Officer of Penamaluru Police Station, Vijayawada without any authority of law, has been repeatedly calling the petitioners to the 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 no.3 police authorities not to call the petitioners unnecessarily to the police station without following due procedure established by the law and to 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 to direct the Respondent No.3, Police authorities not to call the petitioners to the police station unnecessarily without following due procedure established by the law and pass orders or orders in accordance with the law pending disposal of the above writ petition and to pass IA NO: 2 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 implead the respondents as respondent Nos.6 and 7 in W.P. No. of 2025 and pass Counsel for the Petitioner(S): 1. D TARAKA PRASAD Counsel for the Respondent(S): 1. GP FOR HOME 3 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, Order or direction particularly, one in the nature of writ of Mandamus declaring the action of Respondent No.3 the Station House Officer of Penamaluru Police Station, Vijayawada without any authority of law, has been repeatedly calling the petitioners to the 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 No.3 police authorities not to call the petitioners unnecessarily to the police station without following due procedure established by the law and pass…” 2. Heard Sri D.Taraka Prasad, learned counsel for the petitioners and Sri V.Farook, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioners would submit that the police are calling the petitioners to the police station and interfering in the civil disputes. 4. Learned Assistant Government Pleader for Home would submit that, based on the complaint made by the unofficial respondents, the petitioners were called to the police station; however, no crime has been registered against the petitioners. The police are not interfering in the civil dispute between the petitioners and the unofficial respondents. He further submits that no crime has been registered against the petitioners since the subject matter is purely civil in nature. 5. Sri J.V.Phanidutt, learned counsel representing himself as learned counsel for the unofficial respondents, would submit that vakalat is being filed 4 on behalf of the unofficial respondents. He further submits that the unofficial respondents have filed a complaint with the Commissioner of Police. Respondent No.3 has no jurisdiction in this matter, and respondent No.4 has not presented any complaint to respondent No.3. It is the complaint of Respondent No.4 that the petitioners forged his signature, created an Aadhaar card with a false number, executed a GPA, and impersonated respondent No.4 in various documents and submits that this petition is collusive and that the petitioners are in collusion with the police. He prays for dismissal of this petition with costs. 6. Learned Assistant Government Pleader vehemently opposed the said submission. 7. Considering the submissions, this Writ Petition is disposed of. However, police are directed not to interfere in the civil dispute between the parties except under due process of law. The respondent No.4 is at liberty to recourse his remedies according to law before the appropriate. 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: 22.09.2025 SNI 5 35 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25759/2025 Dt.22.09.2025 SNI