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2025 DAILYLAW 49754 (AP)

PASUPULATI CHANDRASEKAR v. THE STATE OF AP

WP/26520/2025 · 2025-09-25

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010506012025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26520 OF 2025 Between: 1. PASUPULATI CHANDRASEKAR, S/o Lakshmayya (late), Aged 48y H.No 17-465-D-7, N.V.R Street, Vivekanda Nagar, Madanapalle, Annamayya District 517325 1. THE STATE OF AP, Rep. by it's Pricipal Secretary Secretariat Building,Secretariat,Velagapudi,Guntur Ditrict. 2. The Superintendent of Police, Annamayya District. 3. The Station House Officer, Mudivedu P.S, Annamayya District. 4. The Circle Inspector of Police, Madanapalle Rural circl District. 5. The Station House Officer, Madanapalle CCS P.S, Annamayya District. 6. Balaji, S/o. Not known. Aged Major, Occ Police Constable, Office of Taluka Police Station, Madanapalle, Annamayya District. Cell No. 8555019151. 7. Sudhakar, S/o. Not known. Aged Major, Occ Police Constable, Office of Taluka Police Station, Madanapalle, Annamayya District. 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA PETITION NO: 26520 OF 2025 1. PASUPULATI CHANDRASEKAR, S/o Lakshmayya (late), Aged 48y H.No 7, N.V.R Street, Vivekanda Nagar, Madanapalle, Annamayya ...Petitioner AND 1. THE STATE OF AP, Rep. by it's Pricipal Secretary to Home Department, Secretariat Building,Secretariat,Velagapudi,Guntur Ditrict. 2. The Superintendent of Police, Annamayya District. 3. The Station House Officer, Mudivedu P.S, Annamayya District. 4. The Circle Inspector of Police, Madanapalle Rural circle P.S, Annamaya 5. The Station House Officer, Madanapalle CCS P.S, Annamayya District. 6. Balaji, S/o. Not known. Aged Major, Occ Police Constable, Office of Taluka Police Station, Madanapalle, Annamayya District. Cell No. udhakar, S/o. Not known. Aged Major, Occ Police Constable, Office of Taluka Police Station, Madanapalle, Annamayya District. IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. PASUPULATI CHANDRASEKAR, S/o Lakshmayya (late), Aged 48y H.No 7, N.V.R Street, Vivekanda Nagar, Madanapalle, Annamayya ...Petitioner to Home Department, e P.S, Annamaya 5. The Station House Officer, Madanapalle CCS P.S, Annamayya District. 6. Balaji, S/o. Not known. Aged Major, Occ Police Constable, Office of Taluka Police Station, Madanapalle, Annamayya District. Cell No. udhakar, S/o. Not known. Aged Major, Occ Police Constable, Office of 2 8. Raghava Reddy Raghavendra Reddy, S/o. Not known, Aged Major, Occ Police Constable, Office of CCS Police Station, Madanapalle, Annamayya District. 9. Narasimhulu, S/o. Not known Aged Major, Occ Head Conistable Office of CCS Police Station, Madanapalle, Annamayya District. 10. Shiva, S/o. Not known. Aged Major Occ Police Conistable, CCS Police Station, Madanapalle, Annamayya District. 11. Devarinti Srinivasulu, S/O D. Venkata Ramana, Nallaguttapalli, Regantivaripalli Village, Madanapalli Mandal, Annamayya District. 12. Egala Dharma Rao, S/O Egala Seethayya, D.no.1-58/27, Flat No301, 4th floor, Tharakarama Nagar layout, Pothinamallayya Palem. 13. B Mallikarjuna, S/O B. Narayana, Gaddethupalle Village, Kurabalakota Mandal, Annamayya District. 14. Chandra Sekhar, S/o. Not known. Aged Major Occ Circle Inspector, Rural circle Police Station, Madanapalle, Annamayya District. 15. Director General of Police DGP for Andhra Pradesh, office in Mangalagiri, Andhra Pradesh 16. Station House Officer, 1 Town Police Station, Madanapalle, Annamayya District. ...Respondents 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 tomay be pleased pleased to issue an appropriate writ, order, or direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of the 4th and 5th respondent police officials, in collusion with the 12th respondent, in coercing and compelling the petitioner to settle financial disputes without there being any crime registered, as arbitrary, 3 illegal, and violative of Articles 14, 19, and 21 of the Constitution of India and consequently direct the 4th and 5th respondents not to interfere with the petitioners personal liberty except in accordance with due process of law and to 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 4th and 5th respondents not to harass the petitioner or interfere with his personal liberty, except in accordance with law, pending disposal of the above writ petition. pending disposal of the above writ petition and to pass Counsel for the Petitioner: BUCHIGARI KIRAN Counsel for the Respondents: GP FOR HOME The Court made the following order: 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26520 OF 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue an appropriate writ, order, or direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of the 4th and 5th respondent police officials, in collusion with the 12th respondent, in coercing and compelling the petitioner to settle financial disputes without there being any crime registered, as arbitrary, illegal, and violative of Articles 14, 19, and 21 of the Constitution of India and consequently direct the 4th and 5th respondents not to interfere with the petitioners personal liberty except in accordance with due process of law and to pass...” 02. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home. 03. Learned counsel for the petitioner submitted that police are calling the petitioner to the police station and insisting him to settle the financial disputes with unofficial respondent. Learned counsel would further submit that no crime has been registered against the petitioner in the police station. 04. Learned Assistant Government Pleader for Home seeks time to get instructions. 05. Instead of adjourning the matter, this court is inclined to dispose of the matter at the admission stage. 06. In the present case, it is not disputed that no crime has been registered against the petitioner. Therefore, the action of the respondent police in 5 summoning the petitioner to the police station or compelling him to settle financial disputes is clearly unsustainable. In the absence of any such registration of crime, respondent Nos.4 and 5 are directed not to call the petitioner to the police station or interfere with his liberty in any manner, except in accordance with law. However, in the event any crime is registered against the petitioner in future, it shall be open to the police to secure his presence before the investigating officer strictly in accordance with due process of law. Accordingly, the writ petition is disposed of. 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: 26.09.2025. KKV 6 261 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO:26250 OF 2025 26.09.2025 KKV