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2025 DAILYLAW 51981 (AP)

KARASU SHIVAJI v. THE STATE OF AP

WP/27128/2025 · 2025-10-06

Venkata Jyothirmai Pratapa

body2025

Judgment text

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1 APHC010529162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 27128/2025 Between: 1. KARASU SHIVAJI, S/O. LATE K. APPANNA AGED 56 YEARS, OCC BUSINESS, R/O. H.NO.9-11-441, RAMAKRISHNA COLONY, WARD NO.23, TUNI, EAST GODAVARI, ANDHRA PRADESH 2. KARASU KARUNASRI,, D/O. K. SHIVAJI, AGED 30 YEARS, OCC HOUSE MAKER, R/O. H.NO.9-11-441, RAMAKRISHNA COLONY, WARD NO.23, TUNI, EAST GODAVARI, ANDHRA PRADESH 3. PATHARLAPALLI BINDU PRIYA THIRUMALA RAJYALAKSHMI,, W/O AGED 35 YEARS, OCC HOME MAKER, R/O. H.NO.9-11-441, RAMAKRISHNA COLONY, WARD NO.23, TUNI, EAST GODAVARI, ANDHRA PRADESH 4. P. SATHISH KUMAR,, AGED 39 YEARS, OCC BUSINESS, R/O. H.NO.9-11-441, RAMAKRISHNA COLONY, WARD NO.23, TUNI, EAST GODAVARI, ANDHRA PRADESH 5. KARASU GEETHA, W/O KARASU SHIVVAJI AGED ABOUT 50 YEARS,OCC HOUSE WIFE, R/O. H.NO.9-11-441, RAMAKRISHNA COLONY, WARD NO.23, TUNI, EAST GODAVARI,ANDHRA PRADESH ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRI. SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI VIJAYAWADA. 2. THE SUPERINTENDENT OF POLICE, EAST GODAVARI DISTRICT. 3. STATION HOUSE OFFICER, TUNI PS, EAST GODAVARI DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 2 1. Y MAHA LAKSHMI Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... to issue an Order, Direction or Writ, more particularly a Writ of Mandamus declaring the action of the respondent no.3 in calling the petitioners to the police station and asking them to wait at the police station from morning to evening hours without any criminal complaint registered against them as illegal, improper, unjust, arbitrary, without jurisdiction and contrary to law and being violative of Art. 21 of the Constitution of India and consequently direct the Respondent No.3 not to interfere with the life and liberty of the petitioners and pass such other order or orders as deemed fit and proper in the circumstances of the case and in the interests of justice.” 2. Heard Smt. Y. Mahalakshmi, learned counsel for the petitioners and Sri Md. Farooq, learned Assistant Government Pleader for Home. 3. Sri Md. Farooq, learned Assistant Government Pleader for Home, on written instructions, would submit that based on a complaint of one Smt. Machavarapu Bhagyalakshmi, the Police have registered a case against the petitioners herein in Crime No.117 of 2025 of Tuni Town Police Station, for the offence punishable under Sections 420 & 290 r/w 34 IPC. Learned Assistant Government Pleader would further submit that the 3rd respondent called the petitioners to the police station only to serve the notice under Section 41(A) of the Cr.P.C., and the petitioners are intentionally not cooperating with the investigation agency. 3 4. Recording the submissions made by the learned Assistant Government Pleader for Home, the Writ Petition is disposed of. However, the Police are directed to follow the due process of law relating to the case registered against the petitioners herein. 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:07.10.2025 Vns