APHC010690642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 35362/2025 Between: 1. SRI KOLLU DURGA CHANDRA RAO,, S/O. NARASIMHA RAO, AGED ABOUT 39 YEARS, OCC PRIVATE SERVICE, R/O. D. NO. 67-8-18 A, PATAMATA, VIAJAYWADA, KRISHNA (NTR) DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, AT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 522237 2. THE DIRECTOR GENERAL OF POLICE, AT MANGALAGIRI, GUNTUR DISTRICT. 522503 3. THE SUPERINTENDENT OF POLICE, AT KAKINADA, KAKINADA DISTRICT. 533003 4. THE STATION HOUSE OFFICER, AT INDRAPALEM POLICE STATION, KAKINADA TOWN, KAKINADA DISTRICT. 533006 5. THE COMMISSIONER OF POLICE, VIJAYAWADA CITY, NTR DISTRICT. 520002 6. THE STATION HOUSE OFFICER, PATAMATA POLICE STATION, KRISHNA (NTR) DISTRICT. 520007 7. MR KOLLATI VENKTESWARA RAO, S/O. LATE SUBBA RAO. AGED 40 YEARS, OCC SOFTWARE EMPLOYEE, R/O. PLOT NO. 119, H.NO. 8-8/14/5, NSL COLONY, PHASE-LL, AMEENPUR, 2 RAMACHANDRAPURAM PATANCHERUVU MANDAL. HYDERABAD- 502032. TELANGANA STATE. 8. SMT KOLLU VIJAYA LAKSHMI, W/O. K. DURGA CHANDRA RAO AGED ABOUT 35 YEARS, OCC HOUSE-WIFE, R/O. AT DWARAKA TOWERS, BACK SIDE OF SRK INSTITUTE OF TECHNOLOGY, ENIKEPADU, VIJAYAWADA, KRISHNA (NTR) DISTRICT. 521108 ...RESPONDENT(S): Counsel for the Petitioner: 1. BABUJI TENNETI Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 35362/2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue a writ order or direction more particularly one in the nature of Writ of Mandamus, declaring the in-action of the Respondent Nos.2 to 6 herein in not taking any action on the Representation of the petitioner dated 27.11.2025 (On Line Complaint) and 04.12.2025 complaining of illegal assault, criminal trespass and attempt to forcibly take away his minor child, as being illegal, arbitrary, unjust and against the principles of natural justice and also violation of Articles 14,19 and 21 of Constitution of India and contrary to the Apex Court guidelines laid down in D.K. Basu Vs. State of West Bengal and Arnesh Kumar Vs. State of Bihar and consequently, direct the Respondent Nos.2 to 6 herein to act upon Report dt. 27.11.2025 and 04.12.2025 by conducting preliminary enquiry in to the matter by take action including Police Officials who are suspected G. Suresh, Constable, Cell No. 8328258686 in accordance with law.…” 2. Heard Sri Babuji Tenneti, learned counsel for the petitioner and Sri.P.Ajay Babu, learned Assistant Government Pleader for Home for the official respondents. 3. Learned counsel for the petitioner would submit that the respondent police are not taking any action on the complaint made by the petitioner. 4. Learned Assistant Government Pleader for Home, on written instructions, would submit that in response to the complaint made by the petitioner’s friend to the S.P., Kakinada through PGRS Portal, dated 27.11.2025, he was informed that the petitioner, his mother and son were safe 4 and advised to approach the Patamata Police Station for further details and closed the petition on 06.12.2025. He would further submit that they have received the complaint of the petitioner dated 04.12.2025 through Post, the petitioner did not choose to appear for enquiry even after the respondent police contacted him. There are matrimonial disputes between the petitioner and his wife i.e., the respondent No.8. Their marriage took place on 10.12.2021. They were blessed with a boy on 03.10.2023. In view of the disputes between the couple, the respondent No.8 left to her parents’ house. Learned Assistant Government Pleader for Home would further submit that prior to the present petition, the petitioner also filed another W.P.no.28805 of 2025 before this Court on 16.10.2025 making allegations against the police officers that they are pressurizing him to hand over the child to his wife and interfering in family disputes. The police tried to provide counseling but the petitioner did not choose to visit the police station for counseling. Therefore, they have registered a crime in Cr.No.524 of 2025 under Section 85 & 115(2) of BNS on the file of Patamata Police Station against the petitioner on the complaint of the respondent No.8. 5. Learned Assistant Government Pleader for Home would further submit that the wife of the petitioner filed W.P.No.29623 of 2025 before this Court on 27.10.2025 with a prayer to produce her minor son from her husband but the police could not trace out the petitioner. Upon examination of the CDR reports, the respondent police found that the petitioner is at Kakinada along with their minor son. On 26.11.2025, police have brought the petitioner and minor child 5 to the police station and informed the same to his wife. Thereafter, the petitioner was issued notice under Section 35(3) of BNSS relating to Cr.No.524 of 2025 under Section 85 & 115(2) of BNS on the file of Patamata Police Station and he returned back along with his son. He finally submits that the petitioner and his wife are filing multiple writ petitions and harassing the police. 6. Recording the above said submissions, this Writ Petition is disposed of. However, the police are directed to follow due process of law regarding the crime which has been registered against the petitioner. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 30.12.2025. UPS 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 35362/2025 Dated.30.12.2025 UPS