APHC010944102018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 45621/2018 Between: 1. DR. GOLLA KAVITA MARITA,, D/O. GOLLA VILLIERS JOHNSON, AGED 43 YEARS, OCC. PROFESSOR, GSL MEDICAL COLLEGE AND GENERAL HOSPITAL, RAJAHMUNDRY, R/O. D.NO.55-7-68 SUVISESHAPURAM, BEHIND CHURCH, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT, A.P. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, A.P. 2. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT, A.P. 3. THE SUPERINTENDENT OF POLICE, URBAN POLICE DISTRICT, RAJAMAHENDRAVARAM, EAST GODAVRI DISTRICT, A.P. 4. MRS B RAJAKUMARI I P S, FORMER SUPERINTENDENT OF POLICE, URBAN POLICE DISTRICT, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT, A.P. NOW WORKING AS DEPUTY COMMISSIONER, CRIMES, VIJAYAWADA POLICE COMMISSIONERATE,VIJAYAWADA CITY, KRISHNA DISTRICT, A.P. 5. SRI SEKHAR BABU, SHO AND INSPECTOR OF POLICE, III TOWN POLICE STATION, RAJAMAHENDRAVARAM, EAST GODAVARI 2 DISTRICT, A.P. 6. SRI P VENKATA MARUTHI RAO, FORMER INSPECTOR OF POLICE III TOWN POLICE STATION, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT, A.P. NOW POSTED AT VACANCY RESERVED (VR), ELURU RANGE, O/O. DIG, ELURU RANGE, ELURU, WEST GODAVARI DISTRICT, A.P. 7. SRI ANAND KUMAR DOMATHOTI, SUB-INSPECTOR OF POLICE, III TOWN POLICE STATION, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT, A.P. 8. KONDE NEIL KISHORE, S/O. VENKATARATNAM, A/A.48 YEARS, OCC. TREASURER, RAKSHANALAYAMLUTHEM CHURCH, R/O.D.NO.55-7-75, SUVISESHAPURAM, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT, A.P. 9. RACHAPALLI MANIKYALA RAO, S/O. LATE DHARMA RAJU, A/A.60 YEARS, OCC. GOVT. TEACHER AND PCC MEMBER, WO.D.NO.67- 14-11, SUBBARAO NAGAR, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT, A.P. 10. VASA VARJIL, S/O. LATE SANJEEVA RAO, A/A. 66 YEARS, OCC. CHURCH MEMBER, R/O.D.NO.55-7-52, SUVISESHAPURAM, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT, A.P. 11. VASA ROSHAN VARJIL, S/O. VARJII, A/A. 41 YEARS, OCC. PRINCIPAL, ST.JOHNS B.ED. COLLEGE AND CHURCH MEMBER, R/O.D.NO.55-7-52, SUVISESHAPURAM, RAJAMAHENDRAVARAM, ...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 to issue a Writ or direction more so particularly one in the nature of Writ of Mandamus and declare the action of Respondents 4 to 7 in collusion with the unofficial respondents and especially Respondent No. 5 and 7 in not remand the accused/unofficial respondents even after arrest, preparation of Remand Report and completion of Medical examination on 06.11.2018 in FIR No.119 of 2018 dt.15.04.2018 on the file of III Town Police Station, Rajamahendravaram Urban Police District and further the Respondent No. 5 threatened the petitioner for dire consequences in case fail to settle the matter with the accused, under the colourable exercise of power is illegal, arbitrary, malafide, abuse of law and violation of fundamental rights guaranteed under 3 Constitution of India vide Article 14, 16 and 21 and consequently direct the official Respondent No. 1 and 2 to take appropriate action against the erred officers in the matter and pass IA NO: 1 OF 2018 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. 5 and 7 to expedite the Investigation in Cr. No. 119/2018 on the file of III Town PS, Rajamahendravaram and pass IA NO: 1 OF 2019 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.12 and 13 to register a case under the provisions of Prevention of Corruption Act, 1984 against the corrupt officials who involved in receiving bribes from the accused in Cr.No.119 of 2018 on the file of III Town Police Station, Rajamahendravaram Urban Police District Inspite of the representation of the petitioner dated 24-12.2018 and pass IA NO: 2 OF 2019 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 implead the proposed Respondents as the Respondent No.12 and 13 in the above writ petition and pass Counsel for the Petitioner: 1. CH OMERNATHAN Counsel for the Respondent(S): 1. GP FOR HOME (AP) 4 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 direction more so particularly one in the nature of Writ of Mandamus and declare the action of Respondents 4 to 7 in collusion with the unofficial respondents and especially Respondent No. 5 and 7 in not remand the accused/unofficial respondents even after arrest, preparation of Remand Report and completion of Medical examination on 06.11.2018 in FIR No.119 of 2018 dt.15.04.2018 on the file of III Town Police Station, Rajamahendravaram Urban Police District and further the Respondent No. 5 threatened the petitioner for dire consequences in case fail to settle the matter with the accused, under the colourable exercise of power is illegal, arbitrary, malafide, abuse of law and violation of fundamental rights guaranteed under Constitution of India vide Article 14, 16 and 21 and consequently direct the official Respondent No. 1 and 2 to take appropriate action against the erred officers in the matter and pass.…” 2. None represented for the petitioner. 3. When the matter is taken up for hearing, Sri V.Farook, learned Assistant Government Pleader for Home, would submit that respondent No.5 is not interfering and not threatening the petitioner by interfering in the civil dispute between the petitioner and the unofficial respondents. 4. Recording the same, this writ petition is disposed of. However, the police are directed not to interfere in a civil dispute and not to call the petitioner to the police station, as no crime has been registered against the petitioner. 5 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 25.07.2025 MH 6 THE HONOURABLE DR JUSTICE VENKATAJYOTHIRMAI PRATAPA 169 WRIT PETITION NO: 45621/2018 Dt.25.07.2025 MH