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2025 DAILYLAW 54910 (AP)

KUNDURTHI KOTESWARA RAO v. THE STATE OF AP

WP/27245/2025 · 2025-10-06

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010512262025 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: 27245/2025 Between: 1. KUNDURTHI KOTESWARA RAO, S/O SUBBA RAO, AGED ABOUT 42 YEARS, R/O D.NO. 1-36, SAW MILL CENTRE, GURAZALA, PALNADU DISTRICT. 2. KALLURI SIVA NAGA BRAHMA CHARI,, S/O SAMBAIAH CHARI, AGED ABOUT 30 YEARS R/O D.NO. 1-1-63/8, VAVILALA NAGAR, SATTENAPALLI, PALNADU DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY THE PRINCIPAL SECRETARY HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, PALNADU DISTRICT, AT NARASARAOPET. 3. THE DEPUTY SUPERINTENDENT OF POLICE, SATTENAPALLI, PALNADU DISTRICT. 4. THE INSPECTOR OF POLICE, STATION HOUSE OFFICER, TOWN POLICE STATION, SATTENAPALLI, PALNADU DISTRICT. 5. SRI PANDIRI MARIYADASU, S/O YESAIAH, AGED ABOUT 37 YEARS, R/O D.NO.4-28, KOPPERAPADU VILLAGE, BALLIKURAVA MANDAL, PRAKASAM DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. KOCHIRI RAJA SHEKAR 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 any writ, order direction more particularly one in the nature of writ of mandamus declaring the action of the respondent and his police personnel in calling the petitioners to the police station and threatening to settle the civil dispute of the 5th respondent, without following the due process of law as illegal, violative of Articles 14 and 21 of the Constitution of India and 2 contrary to the provisions of the Code of Criminal Procedure and consequently direct the 4th respondent not to harass the petitioners by calling him to the police station and making them to sit in the police station, without following due process of law.” 2. Heard Sri Kochiri Raja Shekar, learned counsel for the petitioners and Sri Md.Farooq, learned Assistant Government Pleader for Home. 3. Learned Assistant Government Pleader for Home would submit that basing on the complaint of unofficial respondent, the petitioners were called to the police station for preliminary enquiry and no crime has been registered against them. 4. In that view, the Writ Petition is disposed of. However, the police are directed not to call the petitioners to the police station except under due process of law. The police are further directed not to interfere in the civil disputes between the parties. 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 Asr 3 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.27245 of 2025 Dt.07.10.2025 Asr