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2025 DAILYLAW 49857 (AP)

Mr. Pepakayala Govindraju v. The State of Andhra Pradesh

WP/5795/2020 · 2025-09-08

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010096172020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 5795 OF 2020 Between: 1. Mr. Pepakayala Govindraju, S/o. Krishna Murthy, aged 60 years, R/o. H. No. 1-29/1, Main Road, Ramalayam, Kandregula Village, Pedapudi Mandal, East Godavari District, Andhra Pradesh. 2. Smt. Pepakayala Bhavani, W/o. Govindraju, aged 54 years, R/o. R/o. H. No. 1-29/1, Main Road, Ramalayam, Kandregula Village, Pedapudi Mandal, East Godavari District, Andhra Pradesh. ...Petitioners AND 1. The State of Andhra Pradesh, , Rep. by its Principal Secretary Home Department, Secretariat Buildings at Velagapudi, Guntur District, Andhra Pradesh. 2. The Superintendent of Police at Kakinada, , East Godavari District, Andhra Praaesh. 3. The Station House Officer, , III Town Police Station, Kakinada, East Godavari District, Andhra Pradesh. 4. Mr Ramesh Babu, , D296, S/o. not known to the petitioner, aged major, Occ. Sub Inspector of Police, III Town Police Station, Kakinada, East Godavari District, Andhra Pradesh. 5. Pepakayala Venkata Lakshmi, W/o. Siva Kumar, aged Major, R/o. D. No. 16-23-56/1, Rajive Street, Dairy Farm Center, Kakinada, East Godavari District, Andhra Pradesh. ...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 to pleased to issue a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent calling the petitioners to the Police Station and abusing the petitioners without there being any cause under the guise of the report made by the 5th respondent which is the subject matter in FIR No. 198 of 2019 dated 18.12.2019 on the file of the 3rd respondent police station and for making report against the 4th respondent to the 2nd respondent dated 23.12.2019 in Complaint No. 2081 of 2019 under Spandana/Public Grievance for his illegal acts as illegal, arbitrary and also abuse of power of police consequentially direct the 2nd respondent to take action against the 4th respondent in the light of the report made by the petitioners in Complaint No. 2081 of 2019 under Spandana/Public Grievance to the 2nd respondent by directing the 3rd and the 4th respondents not to call the petitioners to the Police Station without there being any case or cause and to pass IA NO: 1 OF 2020 Petition under Sewction 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 2nd respondent to take action against the 4th respondent in the light of the report made by the petitioners in Complaint No. 2081 of 2019 under Spandana/Public Grievance to the 2nd respondent by directing the 3rd and the 4th respondents not to call the petitioners to the Police Station without there being any case or cause pending disposal of the above writ petition and to pass Counsel for the Petitioners: K VISWANATHAM Counsel for the Respondents: GP FOR HOME (AP) The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 5795 OF 2020 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “....pleased to issue a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent calling the petitioners to the Police Station and abusing the petitioners without there being any cause under the guise of the report made by the 5th respondent which is the subject matter in FIR No. 198 of 2019 dated 18.12.2019 on the file of the 3rd respondent police station and for making report against the 4th respondent to the 2nd respondent dated 23.12.2019 in Complaint No. 2081 of 2019 under Spandana/Public Grievance for his illegal acts as illegal, arbitrary and also abuse of power of police consequentially direct the 2nd respondent to take action against the 4th respondent in the light of the report made by the petitioners in Complaint No. 2081 of 2019 under Spandana/Public Grievance to the 2nd respondent by directing the 3rd and the 4th respondents not to call the petitioners to the Police Station without there being any case or cause and to pass...” 2. Heard Sri K.Viswanatham, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioner would submit that the police are not filing charge sheet in Crime No.198 of 2019 on the file of III Town L&O, Kakinada. 4. Learned Assistant Government Pleader would submit that the charge sheet is already filed in this matter vide C.C.NO.820/2020 on the file of learned IV Additional Judicial First Class Magistrate, Kakinada. 5. Recording the same, this writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:09.09.2025 KKV HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.5795 of 2020 Dt.09.09.2025 KKV