VEMULA SAMBASIVA RAO v. THE STATE OF ANDHRA PRADESH
WP/15559/2023 · 2025-12-07
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 51568 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 51568 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010292142023
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. VEMULA SAMBASIVA RAO, S/o.late Veera Swamy, Aged about 38 years, Occ. Government Employee, R/o.Flat No.403, Kallam Apartment, Nallapadu, Guntur, Guntur District. 1. THE STATE OF ANDHRA PRADESH, Rep. by its Princ Home Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Superintendent of Police, Prakasam District, Ongole. 3. The Station House Officer, , Darsi Police Station, Darsi, Prakasam district. 4. J Rama Kotaiah, S/o. Not known to the Petitioner, Aged about 35 years, Occ. Circle inspector, 0/o. Darsi Police Station, Darsi, Prakasam District. 5. Vemula Aruna, W/o. Sambasiva Rao, Aged about 27 years, Occ. House wife, R/o. D.No.3-11, Near Poleramma Temple, Pothavara Mandal, Prakasam District. 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: 15559 OF 2023
1. VEMULA SAMBASIVA RAO, S/o.late Veera Swamy, Aged about 38 years, Occ. Government Employee, R/o.Flat No.403, Kallam Apartment, Nallapadu, ...Petitioner AND
1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary, Home Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur
2. The Superintendent of Police, Prakasam District, Ongole. 3. The Station House Officer, , Darsi Police Station, Darsi, Prakasam district. S/o. Not known to the Petitioner, Aged about 35 years, Occ. Circle inspector, 0/o. Darsi Police Station, Darsi, Prakasam District. 5. Vemula Aruna, W/o. Sambasiva Rao, Aged about 27 years, Occ. House 11, Near Poleramma Temple, Pothavaram village, Darsi Mandal, Prakasam District. IN THE HIGH COURT OF ANDHRA PRADESH
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
1. VEMULA SAMBASIVA RAO, S/o.late Veera Swamy, Aged about 38 years, Occ. Government Employee, R/o.Flat No.403, Kallam Apartment, Nallapadu, ...Petitioner ipal Secretary, Home Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur
3. The Station House Officer, , Darsi Police Station, Darsi, Prakasam district. S/o. Not known to the Petitioner, Aged about 35 years, Occ. Circle inspector, 0/o. Darsi Police Station, Darsi, Prakasam District. 5. Vemula Aruna, W/o. Sambasiva Rao, Aged about 27 years, Occ. House- m village, Darsi
6. Vallepu Ramana, W/o. late Pitchaiah, Aged about 45 years, Occ. House- wife, R/o. D.No.3-11, Near Poleramma Temple, Pothavaram village, Darsi Mandal, Prakasam District. 7. Vallepu Dhanaraju, S/o. Pitchaiah, Aged about 30 years, Occ.
Private Employee, R/o. D.No.3-11, Near Poleramma Temple, Pothavaram village, Darsi Mandal, Prakasam District. 8. Vallepu Tirupathaiah, , S/o. Pitchaiah, Aged about 25 years, Occ. Volunteer, R/o. D.No.3-11, Near Poleramma Temple, Pothavaram village, Darsi Mandal, Prakasam District. 9. Kore Subba Rao, , S/o. Not known to the petitioner, Aged about 55 years, Occ. Ex. President, R/o. D.No.3-7, Near Poleramma Temple, Pothavaram village, Darsi Mandal, Prakasam District. 10. Vallepu Ankaiah, , S/o. Venkateswarlu, Aged about 60 years, Occ. Cultivation, R/o. D.No.3-5, Near Poleramma Temple, Pothavaram village, Darsi Mandal, Prakasam District. 11. Pappuri Srikanth, S/o. Venkata Rao, Aged about 30 years, Occ.
Private Employee, R/o. D.No.2-54, Manchikallu village, Rentachintala mandal, Palnadu district, Erstwhile Guntur 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 topleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 4th respondent in the capacity of the 3rd respondent in summoning the petitioner to the 3rd respondent police station and harassing the petitioner to settle the marital dispute between the petitioner and the 5th respondent without jurisdiction and without following due process of law is illegal, arbitrary and against the principles of natural justice and also violation of Articles 14, 19 and 21 of the
Constitution of India and consequently direct the 4th respondent in the capacity of the 3rd respondent not to summon the petitioner to the 3rd respondent police station and not to interfering the marital disputes of the petitioner and the 5th respondent without following due process of law, 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 pleased to direct the 4th respondent in the capacity of the 3rd respondent not to summon the petitioner to the 3I'd respondent police station and not to interfering the marital disputes of the petitioner and the 5th respondent without following due process of law, pending disposal of main writ petition and to pass Counsel for the Petitioner: RAMESH N Counsel for the Respondents: GP FOR HOME The Court made the following order:
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 15559 OF 2023
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 Writ of Mandamus, declaring the action of the 4th respondent in the capacity of the 3rd respondent in summoning the petitioner to the 3rd respondent police station and harassing the petitioner to settle the marital dispute between the petitioner and the 5th respondent without jurisdiction and without following due process of law is illegal, arbitrary and against the principles of natural justice and also violation of Articles 14, 19 and 21 of the Constitution of India and consequently direct the 4th respondent in the capacity of the 3rd respondent not to summon the petitioner to the 3rd respondent police station and not to interfering the marital disputes of the petitioner and the 5th respondent without following due process of law, and pass ...…”
2. None represented for the petitioner.
2. When the matter is taken up for hearing, Sri V.Farook, learned Assistant Government Pleader for Home on written instructions would submit that basing on the complaint of one Vemula Aruna i.e., 5th respondent who is the wife of the petitioner, a case in Cr.No.136 of 2023 for the offence under Section 498-A IPC and Section 3 and 4 of DP Act on the file Darsi Police Station on 18.05.2023.
3. Recording the submission of the learned Assistant Government Pleader for Home, this Writ Petition is disposed of. However, the police are directed to follow due process of law in respect of the crime which is registered against the petitioner. There shall be no order as to costs.
As a sequel, thereto, miscellaneous petitions pending, if any, shall stand closed.
________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 08-12-2025 KKV
HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.15559 of 2023
Dated.08.12.2025
KKV
HIGH COURT OF ANDHRA PRADES H:: AMARAVATI MAIN CASE NO.: W.P.No.15559 of 2023 PROCEEDING SHEET Sl. No. Date
ORDER OFFICE NOTE
2.
08.12.2025
Dr.VJP,J
The Writ Petition is disposed of.
(Vide separate order)
________ Dr.VJP, J KKV