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2025 DAILYLAW 53203 (AP)

Bakka Siva Prasada Reddy v. The state of A.P.,

WP/11344/2021 · 2025-10-06

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010199692021 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: 11344/2021 Between: 1. BAKKA SIVA PRASADA REDDY, S/O JAYANTHI REDDY, AGED ABOUT 48 YEARS, HINDU, OCC. BUSINESS, R/O H. NO. 4-32-1, P.C. ROAD, KOTHAPALEM, CHIRALA MANDAL, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE STATE OF A P, REP. BY ITS PRINCIPAL SECRETARY(HOME) SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI.GUNTUR DISTRICT. 2. DIRECTOR GENERAL OF POLICE, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH 522502. 3. S P OF POLICE, ONGOLE, PRAKASANN DISTRICT. 4. SUB DIVISIONAL POLICE OFFICER, CHIRALA, PRAKASAM DISTRICT. 5. RAJAMOHAN, S/O NOTKNOWN, C.I OF POLICE, CHIRALA I TOWN P.S, CHIRALA, PRAKASAM DISTRICT. 6. S H O, CHIRALA I TOWN P.S, CHIRALA, PRAKASAM DISTRICT. 7. P SRINIVASA REDDY, S/O NOT KNOWN, HEAD CONSTABLE, CHIRALA I TOWN P.S, CHIRALA, PRAKASAM DISTRICT. 8. VANKAYALAPATI ANANTHA RAMAIAH, S/O VATAPATHRAIAH, AGED ABOUT 62 YEARS, HINDU , R/O KRISHNA NAGAR, BEHIND STATE BANK OF INDIA, INKOLLU VILLAGE, INKOLLU MANDAL. ...RESPONDENT(S): Counsel for the Petitioner: 2 1. M CHALAPATI RAO Counsel for the Respondent(S): 1. GP FOR HOME 2. KAVITHA GOTTIPATI The Court made the following: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 11344 of 2021 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue a direction, order or writ more particularly in the nature of writ of mandamus declaring the action of the respondents, especially that of respondents 4 to 8 in calling the petitioner to Chirala I town P.S without any valid reason, obtaining his signatures on blank white papers, threatening to do away with his life and with filing of false cases under NDPS Act without any reason or valid ground as illegal, unlawful, opposed to the principles of natural justice, violative of Article 21 of Constitution of India and the dictum laid down by the Supreme court directing the police officials not to interfere in civil disputes and also direct respondents No.4 to 8 not to call the petitioner to the police station or interfere with his peaceful life and personal liberty without following due process of law and to pass ….” 2. Heard Sri M. Chalapathi Rao, learned counsel for the petitioner and Sri V. Farooq, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioner would submit that the Police are calling the petitioner to the police station without there being any crime registered against him. Learned counsel for the petitioner would further submit that at the instance of local political leaders, the respondent Nos.4 to 7, with an intention to harass the petitioner, called him to the police station. Learned counsel for the petitioner would further submit that the petitioner herein filed O.S.No.10/2021 and the same is pending on the file of the Principal Junior Civil Judge, Chirala against respondent No.8 and obtained ad-interim injunction. Learned counsel for the petitioner would further submit 4 that in the light of the interim orders passed by this Court dated 18.06.2021, directing the police not to interfere in the civil dispute pending between the parties, the petition may be disposed of. 4. On the other hand, learned Assistant Government Pleader for Home, basing on the counter affidavit, would submit that there are nine crimes registered against the petitioner. On 11.06.2021, the respondent No.8 submitted a report to respondent No.6 against the petitioner regarding the nonpayment of rent by the petitioner to the rented property. It is further submitted that when the respondent No.8 asked the petitioner for rent, he abused the respondent No.8 and tried to beat him but the police has not registered it as a crime since it is a civil dispute and entered it into the general diary. 5. Considering the submissions, this Writ Petition is disposed of. However, Police are directed to follow the due process of law regarding the crimes registered against the petitioner. Police are further directed not to interfere in the civil 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: 07.10.2025 VNS