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2025 DAILYLAW 52935 (AP)

KARUMURI VENKATA SAI NARASIMHA SUBBA RAO v. The State of Andhra Pradesh

WP/32421/2025 · 2025-11-21

Venkata Jyothirmai Pratapa

body2025

Judgment text

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1 APHC010623452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] SATURDAY, THE TWENTY SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 32421/2025 Between: 1. KARUMURI VENKATA SAI NARASIMHA SUBBA RAO, S/O. SRINIVASA RAO, AGE 30 YEARS, OCC- WARD REVENUE SECRETARY (VROAA/RS), R/O. H.NO. 06-10-14, SRUNGARA PURAM, BAPATIA, BAPATIA DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, A.P. 2. THE DIRECTOR GENERAL OF POLICE, A.P. POLICE HEADQUARTERS, MANGALAGIRI. 3. THE SUPERINTENDENT OF POLICE, GUNTUR DISTRICT. 4. THE STATION HOUSE OFFICER, ARUNDALPETA POLICE STATION, GUNTUR. 5. THE STATION HOUSE OFFICER, NALLAPADU POLICE STATION, GUNTUR. 6. KARUMURI SAGIRI SANDHYA RANI, W/O KARUMURI VENKATA SAI NARASIMHA SUBBA RAO AGE 28 YEARS, OCC- HOUSE WIFE, R/O. D.NO. 7-16-268/2, 7/4, SRINAGAR, GUNTUR TOWN, GUNTUR DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S): Counsel for the Petitioner: 1. V NITESH 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 appropriate writ, order or direction, more particularly a Writ in the nature of Mandamus, declaring the action of the respondents especially Respondent No. 4 and 5 in calling the 2 petitioner and his family members i.e.. Father, Mother, sister and brother in law to the police station in the name of mediation and forcing the petitioner and his family members to settle Marital dispute between petitioner herein and respondent no.6 by giving 1 Crore Rupees, to the unofficial respondent herein and to act as per the terms of, unofficial respondent and calling petitioner and his family members without there being any F.I.R and without following procedure as per law is being arbitrary, illegal and violation of Article 14, 19, 21 and 300-A of Constitution of India apart from violative of Principles of Natural Justice, apart from various judicial pronouncements of this Honble Court as well as the Honble Apex Court and consequently direct the Respondent No.4 and 5 not to call the petitioners to the police station without there being any crime registered against the petitioners and not to interfere in Civil Disputes pending between petitioners and the unofficial respondents.” 2. Heard Sri V.Nitesh, learned counsel for the petitioner and Sri Md.Farooq, learned Assistant Government Pleader for Home. 3. Learned Assistant Government Pleader for Home, on written instructions, would submit that based on the complaint given by the respondent No.6, police have registered a case in Crime No.1217 of 2025 of Nallapadu Police Station, Guntur District, for the offences punishable under Section 85 of BNS and Section 4 of the Dowry Prohibition Act. 4. Recording the said submissions, the Writ Petition is disposed of. However, the police are directed to scrupulously follow the procedure prescribed under Section 35(3) of BNSS in the aforesaid crime, which is pari materia to Section 41-A of the Code of Criminal Procedure, and the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar v. State of Bihar1. The police are further directed to follow due process of law regarding the 1 (2014) 8 SCC 273 3 crime which is registered against the petitioner. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. __________________________________ Dr.VENKATA JYOTHIRMAI PRATAPA, J Date: 22.11.2025 ASR 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.32421 of 2025 Dt..22.11.2025 ASR