Korlagunta Dasaiah v. The State of Andhra Pradesh,
WP/26252/2025 · 2025-09-23
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 49139 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49139 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010510262025
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: 26252/2025 Between:
1. KORLAGUNTA DASAIAH, S/O. ISRAIL, AGED ABOUT 58 YEARS, R/O. DOOR NO. 1/66, GUDUR H.WADA, RAMARAJUPALLI, KADAPA, Y.S.R (KADAPA) DISTRICT
2. KORLAGUNTA NAGARANI, W/O. DASAIAH, AGED ABOUT 50 YEARS, R/O. DOOR NO. 1 /66, GUDUR H.WADA, RAMARAJUPALLI, KADAPA, Y.S.R (KADAPA) DISTRICT
...PETITIONER(S) AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF HOME, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI
2. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH AT MANGALAGIRI
3. THE SUPERINTENDENT OF POLICE, YSR (KADAPA) DISTRICT,
4. THE DEPUTY SUPERINTENDENT OF POLICE, KADAPA, YSR (KADAPA) DISTRICT
5. THE STATION HOUSE OFFICER, KADAPA TALUK U/G POLICE STATION, YSR (KADAPA) DISTRICT
6. THE SUBINSPECTOR OF POLICE, KADAPA TALUK U/G POLICE STATION, YSR (KADAPA) DISTRICT
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...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 topleased to issue a Writ, order or direction more particularly one in the nature of Mandamus declaring the action of the respondents more particularly respondent No.5 and 6 and their sub-ordinates in harassing and torturing the petitioners and their family members not to raise any issue regarding the registration of FIR against the son of the petitioners vide F.I.R.No.175 of 2025, dated 20.05.2025 and in interfering in the fundamental right of life and personal liberties of the petitioners as illegal, arbitrary, without jurisdiction and also violating article 14, 21 of the Constitution of India and consequently direct the respondents not to harass and interfere with the personal liberties of the petitioners and pass 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 pleased to direct the respondents more particularly respondent No.5 &, 6 not to harass and interfere with the personal liberties of the petitioners, pending disposal of the main writ petition and pass Counsel for the Petitioner(S):
1. SHAIK MOHAMMED ISMAIL Counsel for the Respondent(S):
1. GP FOR HOME The Court made the following:
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ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“....to issue a Writ, order or direction more particularly one in the nature of Mandamus declaring the action of the respondents more particularly respondent No.5 and 6 and their subordinates in harassing and torturing the petitioners and their family members not to raise any issue regarding the registration of FIR against the son of the petitioners vide F.I.R.No.175 of 2025 dated 20.05.2025 and in interfering in the fundamental right of life and personal liberties of the petitioners as illegal arbitrary without jurisdiction and also violating article 14, 21 of the Constitution of India and consequently direct the respondents not to harass and interfere with the personal liberties of the petitioners…”
2. Heard Sri Shaik Mohammed Ismail, learned counsel for the petitioners and Sri V.Farook, learned Assistant Government Pleader for Home.
3. Learned Assistant Government Pleader, on instructions, would submit that to issue notice under Section 35(3) of BNSS relating to Crime No.178 of 2025, which was lodged against the petitioners for the offences under Sections 126(2), 132, 351(2) r/w 3(5) of BNS 2023 and Section 226 of BNS 2023, the petitioners were called to the Police Station.
4.
Learned counsel for the petitioners would submit that recording the same, the petition may be disposed of.
5. Recording the same, the Writ Petition is disposed of. However, the Police are directed to follow due process of law relating to the Crime registered against the petitioners. The Police are further directed not to call the petitioners in an informal way to the Police Station under the guise of the crime. There shall be no order as to costs.
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As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:24.09.2025 JLV
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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.26252 of 2025
Dt.24.09.2025
JLV