Extracted from the PDF above. The PDF is authoritative.
1
APHC010970102018
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 46850/2018 Between:
1. JINKA SURESH BABU, S/O.RAMACHANDRUDU, AGED ABOUT 30 YEARS, OCC. AGRICULTURE, R/O.PAIDGAPADU VILLAGE, VUYYALAVADA MANDAL, KURNOOL DISTRICT. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, AMARAVATHI, VELAGAPUDI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, KURNOOL, KURNOOL DISTRICT. 3. THE STATION HOUSE OFFICER, DORNIPADU P.S., DORNIPADU MANDAL, KURNOOL DISTRICT. 4. J VARALAKSHMI, D/O.CHINNA RANGANAYAKULU, AGED ABOUT 24 YEARS, OCC. HOUSEWIFE, R/O.DORNIPADU VILLAGE AND MANDAL, KURNOOL 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 directions, more particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd respondent in interfering in matrimonial disputes with the instigation of 4th respondent and her family members, though the issue between the petitioner and 4th respondent has
2
been seized up in OP No.21 of 2018, on the file of Senior Civil Judge, Allagadda, in spite the 3rd respondent Police threatening the petitioner to come to P.S., and compromise otherwise they will implicate the petitioner and his family members by foisting false 498-A Case etc., and not allowing the petitioner family members to enter into lands situated in Dornipadu Village fields, which is illegal, arbitrary, unjust, contrary to law, violation of principles of natural justice and also in violation of Articles 14, 16 and 21 of the Constitution of India and without jurisdiction and consequently direct the 3rd respondent not to call the petitioner into Police Station and interference in matrimonial disputes and civil disputes as the issue between the petitioner and 4th respondent is pending before the Competent Court, as otherwise the petitioner and his family will suffer serious loss and great hardship 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 grant interim directions directing the 3rd respondent not to interfere in matrimonial disputes, civil disputes as issue has been seized up in OP No.21 of 2018, on the file of Senior Civil Judge, Allagadda, pending disposal of Writ Petition. Counsel for the Petitioner:
1. CHALLA SIVASANKAR Counsel for the Respondent(S):
1.
GP FOR HOME (AP)
3
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 46850/2018 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 directions, more particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd respondent in interfering in matrimonial disputes with the instigation of 4th respondent and her family members, though the issue between the petitioner and 4th respondent has been seized up in OP No.21 of 2018, on the file of Senior Civil Judge, Allagadda, in spite the 3rd respondent Police threatening the petitioner to come to P.S., and compromise otherwise they will implicate the petitioner and his family members by foisting false 498-A Case etc., and not allowing the petitioner family members to enter into lands situated in Dornipadu Village fields, which is illegal, arbitrary, unjust, contrary to law, violation of principles of natural justice and also in violation of Articles 14, 16 and 21 of the Constitution of India and without jurisdiction and consequently direct the 3rd respondent not to call the petitioner into Police Station and interference in matrimonial disputes and civil disputes as the issue between the petitioner and 4th respondent is pending before the Competent Court, as otherwise the petitioner and his family will suffer serious loss and great hardship and pass…”
2. When the matter is taken up for hearing, Sri Md.Farooq, learned Assistant Government Pleader for Home, on instructions, would submit that a crime has been registered against the petitioner in Cr.No.90 of 2020 under Sections 498(A), r/w 34 of IPC, Sections 3 and 4 of Dowry Prohibition Act of Dornipadu P.S. Charge sheet was also filed vide C.C.No.300 of 2021 on the file of JFCM Court, Koilakunta and the case is posted to 11.09.2025 for examination of witnesses. Learned Assistant Government Pleader would further submit that after filing the charge sheet, the police never called the
4
petitioner to the Police Station and they did not threaten the petitioner to compromise the matter. 3. Sri Ch.Siva Shankar, learned counsel for the petitioner would submit that recording the same, the petition may be disposed of. 4. Recording the same, the Writ Petition is disposed of.
However, the Police are directed to follow the due process of law. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 23.07.2025 UPS
5
HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.46850 of 2018
Dated.23.07.2025
UPS
147