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2025 DAILYLAW 53861 (AP)

KOLLI AHSOK KUMAR v. THE STATE OF AP

WP/3480/2023 · 2025-12-08

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010070142023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 3480/2023 Between: 1. KOLLI AHSOK KUMAR, S/O. KRISHNA MURTHY, AGED ABOUT 35 YEARS, OCC SECURITY WORKER AT GMC, R/O.H.NO 18-22-60, ANANDPET, PONNUR ROAD, GUNTUR TOWN, GUNTUR DISTRICT. PRESENTLY RESIDING AT LINGAYAPALEM PLOTS, BACK SIDE OF TOYOTA SHOW ROOM, CHILAKALURIPET ROAD, GUNTUR TOWN ...PETITIONER AND 1. THE STATE OF AP, REP.BY THE PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, AT VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH 2. THE SUPERINTENDENT OF POLICE, , GUNTUR, GUNTUR DISTRICT. 3. THE DEPUTY SUPERINTENDENT OF POLICE, WOMEN PROTECTION CELL, GUNTUR, GUNTUR DISTRICT 4. THE STATION HOUSE OFFICER, DISHA URBAN POLICE STATION, GUNTUR, GUNTUR DISTRICT. 5. THE STATION HOUSE OFFICER, LALAPETA POLICE STATION, GUNTUR, GUNTUR DISTRICT. 6. THE STATION HOUSE OFFICER, ARUNDALPET POLICE STATION, GUNTUR, GUNTUR DISTRICT. 7. KOLLI SAI SOUNDARYA, S/O. ASHOK KUMAR, AGED ABOUT 27 YEARS, OCC HOSUE WIFE R/O. H.NO 12-27-104, SEELAMVARI STREET, BEHIND VIJAYA TALKIES, KOTHAPET, GUNTUR TOWN, GUNTUR 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 topleased to issue a Writ or order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents No 3 to 5 in frequently calling the petitioner to the police stations and threatening to give divorce to the 7th respondent in the FCOP No. 520 of 2021 pending before the XII ADJ Cum family Court at Guntur as bad arbitrary, illegal AND unconstitutional and consequently direct the respondents not to interfere with day to day peaceful life and liberty of the petitioner in the interest of justice and pass such 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 respondents not to interfere with day to day peaceful life and liberty of the petitioner, pending disposal of the above Writ Petition and pass such other order or orders as this Honourable Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: 1. KALE VIJAYA RAJU Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 3480 of 2023 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue a Writ or order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents No 3 to 5 in frequently calling the petitioner to the police stations and threatening to give divorce to the 7th respondent in the FCOP No. 520 of 2021 pending before the XII ADJ Cum family Court at Guntur as bad arbitrary, illegal AND unconstitutional and consequently direct the respondents not to interfere with day to day peaceful life and liberty of the petitioner in the interest of justice and pass such.…” 2. Heard Sri K. Vijaya Raju, learned counsel for the petitioner and Sri V. Farooq, learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the petitioner would submit that the police are calling the petitioner to the police station and threatening to give divorce to respondent No.7 regarding the FCOP No.420 of 2021, pending on the file of learned XII Additional District Judge-cum-Family Court, Guntur. Learned counsel would further submit that a direction may be given to the police. 4. Learned Assistant Government Pleader for Home, on written instructions would submit that based on the complaint lodged by the petitioner’s wife/respondent No.7, a case in Cr.No.04 of 2023 for the offences punishable under Sections 498-A, 506 of IPC, has been registered against the petitioner. In that light, the police are calling the petitioner to the police station. 5. Learned counsel for the petitioner would submit the recording the same, the petition may be disposed of. 6. Recording the above said submission, the Writ Petition is disposed of. However, the police are directed to follow due process of law relating to the crime which has been 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 VENKATA JYOTHIRMAI PRATAPA Date: 09.12.2025. TVN HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.3480 of 2023 Dated.09.12.2025 TVN 114