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2025 DAILYLAW 47174 (AP)

KAVATI SIVA PRAKASH v. THE STATION HOUSE OFFICER

WP/33518/2025 · 2025-12-02

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010647822025 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 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 33518/2025 Between: 1. KAVATI SIVA PRAKASH, S/O.ADI NARAYANA, AGED ABOUT 27 YEARS, R/O.H.NO.7-73, MAIN ROAD, EPURUPALEM, BAPATIA DISTRIET ...PETITIONER AND 1. THE STATION HOUSE OFFICER, LALAPET POLICE STATION, GUNTUR, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, GUNTUR, GUNTUR DISTRICT. 3. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR 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 direction more particularly one in the nature of writ of Mandamus to declare the action of the Respondent No.1 in harassing the Petitioner and his family members and demanding the amount or gold from the Petitioners family members and thereby disturbing the personal liberty of the Petitioner without following due process of law as arbitrary, illegal and violation of Article 14, and 21 of the Constitution of India and consequently direct the Respondent No.1 not to disturb the personal 2 liberty of the Petitioner and his family members without following due process of law in the interest of justice. 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.1 not to disturb the personal liberty of the Petitioner and his family members without following due process of law pending disposal of the Writ Petition in the interest of justice. Counsel for the Petitioner: 1. P NAGENDRA REDDY Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 33518 of 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: <…to issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action of the Respondent No.1 in harassing the Petitioner and his family members and demanding the amount or gold from the Petitioners family members and thereby disturbing the personal liberty of the Petitioner without following due process of law as arbitrary, illegal and violation of Article 14 and 21 of the Constitution of India and consequently direct the Respondent No.1 not to disturb the personal liberty of the Petitioner and his family members without following due process of law in the interest of justice.…= 2. Heard Sri P.Nagendra Reddy, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home, for the respondents. 3. Learned counsel for the petitioner would submit that the respondent police are harassing the petitioner and his family members and demanding the amount or gold from the petitioner’s family members. 4. Learned Assistant Government Pleader for Home, on written instructions, would submit that basing on the complaint of one Smt. Vadranam Triveni, the police have conducted preliminary enquiry in this matter. The complainant has identified the photo of the petitioner’s mother, suspecting her role in the theft. He would further submit that the police have visited the 4 petitioner’s house but could not secure the petitioner’s mother at their house and no crime has been registered against the petitioner as on this date. 5. Recording the above said submissions, this Writ Petition is disposed of. However, the police are directed to follow the due process of law regarding the complaint which was given by one Smt. Vadranam Triveni. 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: 03.12.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.33518 of 2025 Dated.03.12.2025 UPS 315 8