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2025 DAILYLAW 50747 (AP)

CHANDRA ASHOK KUMAR v. THE STATE OF ANDHRA PRADESH

WP/24474/2023 · 2025-12-07

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010474102023 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY,THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: Between: 1. CHANDRA ASHOK KUMAR, , S/O VENKATESWARULU, AGED ABOUT 30 YEARS, OCC SOFTWARE ENGINEER R/O D.NO. 2 KAMMAVARIPALEM VILLAGE, CHILAKALURIPETA MANDAL, PALANADU DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP BY SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, PALANADU DISTRICT. 3. THE CIRCLE INSPECTOR OF POLICE, CHILAKALURIPETA URBAN POLICE STATION, PALANADU DISTRICT. 4. THE STATION HOUSE OFFICER, CHILAKALURIPETA URBAN POLICE STATION, PALANADU DISTRICT. 5. CHANDRA JONNALAGADDA SPANDANA, D/O JONNALAGADDA SRINIVASA RAO, AGED ABOUT 29 YEARS, HOUSEWIFE, DO NO 6 108, APPIPARAM VILLAGE, NADENDLA MANDAL, PALANADU DISTRICT. 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 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 24474/2023 CHANDRA ASHOK KUMAR, , S/O VENKATESWARULU, AGED ABOUT 30 YEARS, OCC SOFTWARE ENGINEER R/O D.NO. 2 KAMMAVARIPALEM VILLAGE, CHILAKALURIPETA MANDAL, PALANADU DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. THE SUPERINTENDENT OF POLICE, PALANADU DISTRICT. THE CIRCLE INSPECTOR OF POLICE, CHILAKALURIPETA URBAN POLICE STATION, PALANADU DISTRICT. THE STATION HOUSE OFFICER, CHILAKALURIPETA URBAN POLICE STATION, PALANADU DISTRICT. CHANDRA JONNALAGADDA SPANDANA, D/O JONNALAGADDA SRINIVASA RAO, AGED ABOUT 29 YEARS, HOUSEWIFE, DO NO 6 108, APPIPARAM VILLAGE, NADENDLA MANDAL, PALANADU ...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 IN THE HIGH COURT OF ANDHRA PRADESH [3396] THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CHANDRA ASHOK KUMAR, , S/O VENKATESWARULU, AGED ABOUT 30 YEARS, OCC SOFTWARE ENGINEER R/O D.NO. 2-36, KAMMAVARIPALEM VILLAGE, CHILAKALURIPETA MANDAL, ...PETITIONER ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, THE SUPERINTENDENT OF POLICE, PALANADU DISTRICT. THE CIRCLE INSPECTOR OF POLICE, CHILAKALURIPETA URBAN THE STATION HOUSE OFFICER, CHILAKALURIPETA URBAN CHANDRA JONNALAGADDA SPANDANA, D/O JONNALAGADDA SRINIVASA RAO, AGED ABOUT 29 YEARS, HOUSEWIFE, DO NO 6- 108, APPIPARAM VILLAGE, NADENDLA MANDAL, PALANADU ...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 appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents No. 3 and 4 in interfering in Matrimonial Disputes between Petitioner and the 5th Respondent, and pressurizing the petitioner to desert his old aged parents forever and join the 5th Respondent in the parental house of the 5th Respondent which is as illegal, arbitrary and violation of Article 19 and 21 of the Constitution of India and consequently direct the Respondents No. 3 and 4 not to interfere with the life and personal liberty of the petitioners, not to interfere with the Matrimonial Disputes between Petitioner and the 5th Respondent and pass IA NO: 1 OF 2023 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 please to direct the respondents not to interfere with the matrimonial disputes between petitioner and 5th respondent, not to summon the petitioners with out their being registering any crime against the petitioner pending disposal of the above writ petition in the interest of justice. Counsel for the Petitioner: 1. NANDIREDDY VISHNU VARDHAN REDDY Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 24474/2023 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents No. 3 and 4 in interfering in Matrimonial Disputes between Petitioner and the 5th Respondent, and pressurizing the petitioner to desert his old aged parents forever and join the 5th Respondent in the parental house of the 5th Respondent which is as illegal, arbitrary and violation of Article 19 and 21 of the Constitution of India and consequently direct the Respondents No. 3 and 4 not to interfere with the life and personal liberty of the petitioners, not to interfere with the Matrimonial Disputes between Petitioner and the 5th Respondent and pass..…” 2. Heard Sri Nandireddy Vishnu Vardhan Reddy, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the petitioner would submit that, it is a case of interference of police in the matrimonial disputes. 4. Learned Assistant Government Pleader for Home on written instructions would submit that the basing on the oral complaint of the 5th respondent, , the respondent-police called the petitioner to the police station for family counseling, as the matter is related to matrimonial issues. He would further submit that the petitioner did not turn up for preliminary enquiry and for family counseling. He further would submit that the police never interfered in the family disputes except for the purpose of counseling basing on the oral complaint of the 5th respondent. 5. Learned counsel for the petitioner would submit that recording the same, the petition may be disposed of. 6. Recording the above said submission, the Writ Petition is disposed of. However, the police are directed not to interfere in the matrimonial disputes between the parties except under due process of law. 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: 08.12.2025 KKV