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2025 DAILYLAW 52455 (AP)

SHAIK MOHAMMED GHOUSE v. THE STATE OF AP

WP/33213/2025 · 2025-11-30

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010638592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 33213/2025 Between: 1. SHAIK MOHAMMED GHOUSE, S/O.SHAIK ANWAR BASHA, AGED ABOUT 49 YEARS, R/O.H.NO.51/15-18-10E-2-1, BABA BRUNDAVAN NAGAR, KUMOOL CITY AND DISTRICT - 518 003. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, KUMOOL CITY AND DISTRICT. 3. THE DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, KUMOOL CITY AND DISTRICT. 4. THE STATION HOUSE OFFICER, KUMOOL III TOWN PS, KUMOOL DISTRICT. 5. THE STATION HOUSE OFFICER, KUMOOL LY TOWN PS, KUMOOL DISTRICT. ...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 to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the actions of the 4th and 5th Respondents in summoning, threatening, coercing and compelling the Petitioner to appear before the Police Station and settle the civil disputes with private creditors without the jurisdiction as illegal, arbitrary, against the principles of natural justice and violative of articles 14,19, 21 and 300- Aof the Constitution of India and consequently pass Counsel for the Petitioner: 1. VARUN BYREDDY Counsel for the Respondent(S): 1. GP FOR HOME 2 The Court made the following: ORDER: This Writ Petition under Article 226 of the Constitution of India, has been filed, by the Petitioner for the following relief: “ ... to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the actions of the 4th and 5th Respondents in summoning, threatening, coercing and compelling the Petitioner to appear before the Police Station and settle the civil disputes with private creditors without the jurisdiction as illegal, arbitrary, against the principles of natural justice and violative of articles 14,19, 21 and 300-Aof the Constitution of India and consequently pass ...” Heard learned counsel for the Petitioner and Learned Assistant Government Pleader for Home representing for respondent State. Perused the material on record. Learned Assistant Government Pleader placed on record, written instructions and would submit that ....................................on receipt of the complaint from the creditors, petitioner was called to Police Station for the purpose of preliminary enquiry, no case is registered against the Petitioner and requested to dispose of the matter by passing appropriate orders. Learned counsel for the Petitioner would submit that petitioner has filed an insolvency petition before the concerned Court and this Writ Petition may be disposed of by passing appropriate orders. Considering the submissions, it is apposite to direct respondent Police not to interfere in the disputes between the parties except under due process of law. Accordingly, this Writ Petition is disposed of. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA 3 Mjl/* 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 33213 of 2025 01.12.2025 Mjl /*