APHC010628052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 32529/2025 Between: 1. KONAKALLA PHANI KUMAR,, S/O. K.V SATYANARAYANA, AGED 43 YEARS, R/O. D.NO.2-115, MAIN BAZAAR, NEAR FLOWER MARKET, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH-522503. 2. KONAKALLA DEEPTHI,, W/O. K. PHANI KUMAR, AGED 39 YEARS, R/O. D.NO.2-115, MAIN BAZAAR, NEAR FLOWER MARKET, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH-522503. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, DEPARTMENT OF HOME AFFAIRS, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE COMMISSIONER, VIJAYAWADA POLICE COMMISSIONERATE, N.T.R DISTRICT. 3. THE STATION HOUSE OFFICER, SATYANARAYANA POLICE STATION, VIJAYAWADA, N.T.R DISTRICT. 4. CHALUVADHI LAKSHMANUDU, S/O. C. RANGAIAH, AGED 42 YEARS, R/O. D.NO. 23- 22-6, HANUMAN STREET, SATYANARYANAPURAM, VIJAYAWADA, N.T.R DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. KILARU NITHIN KRISHNA 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 for: “.... a Writ of Mandamus declaring the highhanded action of the 3rd Respondent in insisting and pressuring the petitioners herein to the settle the financial disputes between the petitioners herein and the 4th respondent under the guise of the investigation in connection with Crime No. 159/2025 dated 19/05/2025 registered u/s 316(3), 318(4) r/w and further not permitting the petitioners herein to speak with their legal counsel and making them sit in the police station for long hours under the guise of investigation as arbitrary, illegal, in violation of the Fundamental Right guaranteed under Article 14, 19 and 21 of the Constitution of the India and 2 consequentially direct the 3rd respondent herein not to insist the petitioners herein to settle with financial disputes between the petitioners herein and the 4th respondent herein and further direct the 3rd respondent herein not to call the petitioners herein without issuance of 35(3) of BNSS Act, permit the petitioner herein to assistance if required in the police station.” 2. Sri Kilaru Nithin Krishna, learned counsel for the Petitioners would submit that the Police are calling the Petitioners to the Police Station and insisting them to settle the financial disputes with Respondent No.4. 3. Sri V.Farooq, learned Assistant Government Pleader for Home, on written instructions, would submit that, based on the complaint given by Respondent No.4 herein, a case in Crime No.159 of 2025 on the file of S.N.Puram Police Station for the offences under Sections 316(5) and 318(4) read with 3(5) of BNS has been registered against the Petitioners. It is further submitted that the Police are not insisting the Petitioners to settle the financial disputes with Respondent No.4. 4. Considering the submissions, the Writ Petition is disposed of. However, the Police are directed to follow due process of law regarding the crime registered against the Petitioners. Police are further directed not to insist the Petitioners to settle the financial disputes with Respondent No.4. Petitioners can accompany their counsel whenever they were called by the Police and the learned counsel shall be at a visible distance to the Petitioners. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:03.12.2025 Dinesh 3 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.32529 of 2025 Dt.03.12.2025 Dinesh