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2025 DAILYLAW 50239 (AP)

J.Bala Shankar v. The State of Andhra Pradesh

WP/11329/2021 · 2025-10-07

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010193172021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 11329 OF 2021 Between: 1. J.Bala Shankar, , S/o Janganna, Aged about 55 years,Hindu, Occ- Business, R/o Uppuripeta, Panyam Village and Mandal, Kurnool District,A.P Now Residing at Bommalasatram, Nandyal, Kurnool District. ...Petitioner AND 1. The State of Andhra Pradesh, , rep. by its Principal Secretary, Home Department, Secretariat Buildings, Velagapudi, Guntur, A.P 2. The Superintendant of Police, Kurnool ,Kurnool District.A.P 3. The Sub Inspector of Police, Panyam Police Station, Kurnool Town, Kurnool District.A.P 4. B Sanjeeva, S / o B. Nadipenna, Aged about 45 years, Hindu, R/o H.No. 2/142, Bhavanapadu Village, Panyam Mandal, Kurnool District, A.P. ...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 topleased to issue an appropriate writ, order or direction, more particularly a Writ in the nature of Mandamus, declaring the action of the 3rd respondent in threatening the petitioner to settle the dispute with regard to the payment of amount and cheating done by the unofficial respondent no.4 to the petitioner herein and calling the petitioner to the police station either by sending his subordinates or by making calls to the petitioner and making the petitioner to sit till odd hours and abusing him in filthy language and threatening him that various criminal cases would be booked against him and his family members if the petitioner does not heed to the warnings of 3rd respondent and settle the issue with 4th respondent as per the terms and conditions setout by the 4th respondent, as being illegal, arbitrary and unconstitutional being violative of Arts., 14, 19 (1) (g), 21 of the Constitution of India, part from various judicial pronouncements of this Hon'ble Court as well as the Hon'ble Apex Court IA NO: 1 OF 2021 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 official respondent no.3 not to harass the petitioner by calling him to the police station and abusing him and making him sit till odd hours and threatening him to act as per the terms and conditions of the respondent no.4 and pass Counsel for the Petitioner: V NITESH Counsel for the Respondents: GP FOR HOME The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 11329 of 2021 ORDER: 1. This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: <…to issue an appropriate writ, order or direction, more particularly a Writ in the nature of Mandamus, declaring the action of the 3rd respondent in threatening the petitioner to settle the dispute with regard to the payment of amount and cheating done by the unofficial respondent no.4 to the petitioner herein and calling the petitioner to the police station either by sending his subordinates or by making calls to the petitioner and making the petitioner to sit till odd hours and abusing him in filthy language and threatening him that various criminal cases would be booked against him and his family members if the petitioner does not heed to the warnings of 3rd respondent and settle the issue with 4th respondent as per the terms and conditions setout by the 4th respondent, as being illegal, arbitrary and unconstitutional being violative of Arts., 14, 19 (1) (g), 21 of the Constitution of India, part from various judicial pronouncements of this Hon'ble Court as well as the Hon'ble Apex Court…= 2. Heard Sri V.Nitesh, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home for respondents. 3. Learned counsel for the petitioner would submit that police are calling the petitioner to the police station and harassing him without there being any crime registered against the petitioner. 4. Learned Assistant Government Pleader for Home for respondents would submit that basing on the complaint of the 4th respondent, a case has been registered against the petitioner in Cr.No.74 of 2021 for the offences under Sections 420, 406 IPC of Panyam Police Station and therefore, the police called the petitioner to the police station for the purpose of investigation. 5. Recording the same, the writ petition is disposed of. However, police are directed to follow due process of law regarding the crime which is registered against the petitioner. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 08.10.2025 Dvs THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 223 WRIT PETITION NO: 11329 of 2021 Date: 08.10.2025 Dvs