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2025 DAILYLAW 45694 (AP)

Gopisetty Bhaskar Anil Kumar v. The State of Andhra Pradesh

WP/11526/2021 · 2025-09-23

Venkata Jyothirmai Pratapa

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010202792021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 11526/2021 Between: 1. GOPISETTY BHASKAR ANIL KUMAR, S/O. APPALA RAJU, AGED ABOUT 35 YEARS, R/O.32-5-2, NATHAYYAPALEM, BHPV POST, VISAKHAPATNAM - 530 012. 2. G.APPALA RAJU, S/O. LATE APPA RAO, AGED ABOUT 64 YEARS, R/O.32-5-2, NATHAYYAPALEM, BHPV POST, VISAKHAPATNAM - 530 012. 3. G.VENKATA RAO, S/O.APPA RAO, AGED ABOUT 51 YEARS, R/O.32-5-2/2, NATHAYYAPALEM, BHPV POST, VISAKHAPATNAM - 530 012. 4. T.VASUDEV, S/O.VENKATESWARA RAO, AGED ABOUT 31 YEARS, R/O.D.NO.2-7-2, N.M.PURAM COLONY, KANCHILI MANDAL, SRIKAKUIAM - 532 290. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, A.P.SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER OF POLICE, VISAKHAPATNAM DISTRICT, AT VISAKHAPATNAM. 3. THE ASST COMMISSIONER OF POLICE, SOUTH SUB DIVISION, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 2 4. THE STATION HOUSE OFFICER, GAJUWAKA POLICE STATION, VISAKHAPATNAM DISTRICT. 5. THE SUB INSPECTOR OF POLICE, GAJUWAKA POLICE STATION, VISAKHAPATNAM DISTRICT. 6. GOPISETTY ADINARAYANA, S/O. LATE LAKSHMANA RAO, AGED ABOUT 53 YEARS, R/O NATHAYYAPALEM, BHPV POST, VISAKHAPATNAM 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 an order or direction more in the nature of Writ of Mandamus, declaring the action of the respondents in calling and harassing the petitioners to the 4th respondent police station under the guise of investigation in FIR No.73/2020, dated.17.02.2020 on the file of Gajuwaka Police Station, Visakhapatnam District and threatening to compromise the matter, pending civil suit as illegal, arbitrary, unconstitutional and violative of Article 21 of the Constitution of India and to pass IA NO: 1 OF 2021 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 Stay all further Proceedings including the appearance of the petitioners before the respondents 3 to 5 under the guise of FIR No. 73/2020, dated: 17.02.2020 on the file of Gajuwaka Police Station, Visakhapatnam District, pending disposal of the above writ petition and to pass Counsel for the Petitioner(S): 1. K SAIRAM MURTHY Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 11526/2021 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue an order or direction more in the nature of Writ of Mandamus, declaring the action of the respondents in calling and harassing the petitioners to the 4th respondent police station under the guise of investigation in FIR No.73/2020, dated.17.02.2020 on the file of Gajuwaka Police Station, Visakhapatnam District and threatening to compromise the matter, pending civil suit as illegal, arbitrary, unconstitutional and violative of Article 21 of the Constitution of India and to pass…” 2. None represented for the petitioners. 3. Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents would submit that in the light of the Interim Orders passed by this Court in I.A.No.1 of 2021 dated 22.06.2021, no further orders are required in this matter. 4. For ready reference the Interim Order passed by this Court in I.A.No.1 of 2021 dated 22.06.2021, is extracted hereunder: “As a crime is registered against the petitioner, the law has to take its own course in so far as the said crime is concerned. However, as it is stated that the police are interfering in the civil dispute, which is the subject matter of O.S.No.287 of 2019, which is pending on the file of the learned Junior Civil Judge, Gajuwaka, and insisting the petitioners to enter into compromise with the de facto complainant, there shall be a direction to the respondent - police officials not to interfere in the said civil dispute between the petitioners and the unofficial respondents and not to insist the petitioners to enter into any compromise in respect of the said suit.” 4 5. In the light of the Interim Order passed by this Court in I.A.No.1 of 2021 dated 22.06.2021, this Writ Petition is disposed of making it as absolute. 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: 24.09.2025 UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.11526 of 2021 Dated.24.09.2025 UPS 217