1 APHC010694952016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3207] FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND WRIT PETITION NO: 30939/2016 Between: 1. VELPULA DURGA SIVA PRAKASH, EAST GODAVARI DIST, S/O. V.SRINIVAS LATE, AGED ABOUT 32 YEARS, OCC: BUSINESS, D.NO. 2-35-2, KETHAVARI STREET, ALCOT GARDENS, RAJAHMUNDRY - 533101, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. PRL SECY HOME DEPT HYDERABAD 4 OTHERS, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, HYDERABAD. 2. THE COMMISSIONER OF POLICE, EAST GODAVARI DISTRICT. 3. SRI P BHARATH MATAJI, DEPUTY SUPERINTENDENT OF POLICE, MAHILA POLICE STATION, RAJAHMUNDRY, EAST GODAVARI DISTRICT. 4. SRI A NARASIMHA RAO, SUB INSPECTOR OF POLICE, MAHILA POLICE STATION, RAJAHMUNDRY, EAST GODAVARI DISTRICT 5. VELPULA RAMA BHUVANESWARI, D/O. BANDI SATYANARAYANA, AGED ABOUT 25 YEARS, R/O. DOOR NO. 36-39-10/2. TEKUMUDIVARI STREET, INNESPET, RAJAHMUNDRY - 533 101, EAST GODAVARI DISTRICT. ...RESPONDENT(S): 2 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 an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.3 and 4 in calling the petitioner and his family members to the Police Station, Mahila Police Station, Rajahmundry, East Godavari District, on the influence of the 5th respondent without registering any crime against the petitioner as illegal, arbitrary, unjust and violative of Articles 14, 19 and 21 of the Constitution of India and consequently to direct the respondents No.3 and 4 not to call the petitioner and his family members to the Mahila Police Station, Rajahmundry, East Godavari District, without due process of law IA NO: 1 OF 2016(WPMP 38295 OF 2016 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.3 and 4 not to call the petitioner and his family members to the Police Station, Manila Police Station, Rajahmundry, East Godavari District, without due process of law, pending disposal of the writ petition Counsel for the Petitioner: 1. PRUDHVI RAJ MUDUNURI Counsel for the Respondent(S): 1. GP FOR HOME (AP) 2. POTTIGARI SRIDHAR REDDY The Court made the following: 3 THE HONOURABLE SRI JUSTICE BATTU DEVANAND WRIT PETITION NO.30939 OF 2016 O R D E R:- This Writ Petition has been filed seeking to declare the action of the Respondent No.3 and 4 in calling the petitioner and his family members to the Mahila Police Station, Rajahmundry, East Godavari District, on the influence of the 5th respondent without registering any crime against the petitioner as illegal, arbitrary and for a consequential direction to Respondent Nos.3 and 4 not to call the petitioner and his family members to the Mahila Police Station, Rajahmundry, East Godavari District without following due process of law. 2. There is no representation for the petitioner and Respondent Nos.3 to 5. Learned Assistant Government Pleader appears for Respondent Nos.1 and 2. 3. Learned Assistant Government Pleader appearing for Respondent Nos.1 and 2 basing on the averments made in the counter affidavit filed by the 2nd respondent submits that the petitioner and the 5th respondent are husband and wife. The 5th respondent lodged a complaint against the petitioner with the 3rd respondent-Deputy Superintendent of Police, Women Police Station, Rajahmundry and requested to summon the petitioner herein for counseling and to reunion them for leading conjugal life without 4 registering crime. Pursuant to the said complaint, entry was made into the General Diary, dated 25.05.2016, Column No.III, Page No.55, Item No.22 and called the petitioner as well as the 5th respondent for the purpose of counseling on 26.05.2016 and 11.06.2016. Accordingly, both the parties appeared before the counseling and revealed that the petitioner herein got issued a legal notice to the 5th respondent for restitution of conjugal rights. In the counseling, the 5th respondent stated that they will settle the matter amicably before the village elders and asked the Respondent Nos.3 and 4 not to register FIR. Hence, no FIR was registered against the petitioner herein as per the letter of the complainant/5th respondent, dated 11.06.2016. The other allegations made by the petitioner are denied by the respondents in their counter affidavit. 4. Learned Assistant Government Pleader further contends that no FIR was registered against the petitioner basing on the written request made by the 5th respondent on 11.06.2016 and as such, the question of calling the petitioner or his family members to the police station does not arise and sought to dismiss the Writ Petition. 5. Having considered the material available on record and the submission of the learned Assistant Government Pleader appearing for Respondent Nos.1 and 2, it is established that no FIR was lodged against the petitioner. As such, without registering any criminal case, the police are not entitled to call the petitioner or his family members to the police station. Basing on the averments made in the counter affidavit filed by the 2nd 5 respondent that no criminal cases were registered against the petitioner, in our considered view it is appropriate and reasonable to dispose of the Writ Petition with a direction to Respondent Nos.1 to 4 not to call the petitioner or his family members to the police station in the absence of registration of any criminal case against them to meet the ends of justice. 6. Accordingly, this Writ Petition is disposed of with a direction to Respondent Nos.1 to 4 not to call the petitioner or his family members to the police station in the absence of registration of any criminal case against them. 7. There shall be no order as to costs. 8. Miscellaneous petitions pending, if any, in this case shall stand closed. __________________________ JUSTICE BATTU DEVANAND Date : 26.09.2025 TM 6 THE HONOURABLE SRI JUSTICE BATTU DEVANAND WRIT PETITION NO.30939 OF 2016 Date : 26.09.2025 tm