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2025 DAILYLAW 56446 (AP)

Nelia Sharma, v. The State of A.P

WP/11910/2021 · 2025-10-05

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010207702021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 11910/2021 Between: 1. NELIA SHARMA,, PARTNER OF IMPERIAL DAY SPA., D/O. VISHNU DUTT, AGED ABOUT 27 YEARS, D.NO.16-86, NEAR PEDDA MASJID, SANATH NAGAR, KANURU, VIJAYAWADA-520007, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF A P, . REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VALAGAPUDI, AMRAVATI. GUNTUR (D). 2. THE DY SUPERINTENDENT OF POLICE, VIJAYAWADA. 3. THE CIRCLE INSPECTOR, PANAMALUR P.S., VIJAYAWADA. 4. RUPA CHAUHAN, P/O. RAM BILASH, AGED ABOUT 25 YEARS, D.NO.11-3-11,RADHA MADHAV, WALTAIR UPLANDS, NEAR GOVERNORS BUNGALOW, OPP. PLOT 17, CAFE RESTAURANT, VISAKHAPATNAM-3. 5. DUVVADA BRUSHAPATHI, S/O. D. NEELAKANTA RAO, AGED ABOUT 31 YEARS, D. NO 11-3-11, RADHA MADHAV, WALTAIR UPLANDS, NEAR GKOVERNORS BUNGLOW, OPP. PLOT 17, CAFE RESTAURANT, VISAKHAPATNAM. ...RESPONDENT(S): 2 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 order or direction more particularly one in the nature of WRIT OF MANDAMUS against the action of the 3rd Respondent at the instance of respondents 4 and 5 in repeatedly insisting petitioner to appear before the 3rd respondent police and demanding the petitioner to withdraw the complaint as illegal irregular irrational arbitrary without any authority or sanction of law and violative of Articles 14 and 21 of the Constitution of India and consequently direct the 3rd respondent not to interfere in any 'manner which is totally a civil in nature . in accordance with law and pass IA NO: 1 OF 2021 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 Respondent police officials No 2 and 3, particularly 3rd respondent not to insist petitioner to appear before his authority nor interfere in any manner with her personal liberty in accordance with law pending disposal of the Writ Petition. Counsel for the Petitioner: 1. khader vali shaik Counsel for the Respondent(S): 1. GP FOR HOME 2. CHIRANJEEVI TANIKONDA 3 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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS against the action of the 3rd Respondent at the instance of respondents 4 and 5 in repeatedly insisting petitioner to appear before the 3rd respondent police and demanding the petitioner to withdraw the complaint as illegal, irregular, irrational, arbitrary without any authority or sanction of law and violative of Articles 14 and 21 of the Constitution of India and consequently direct the 3rd respondent not to interfere in any manner which is totally a civil in nature in accordance with law and pass...” 2. Heard Sri Khadir Vali Shaik, learned counsel for the petitioner 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 the respondent No.4 petitioner was called to the police station but no crime has been registered against the petitioner. 4. Recording the said submissions, the Writ Petition is disposed of. However, the police are 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. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 06.10.2025. SNI 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.11910 of 2021 Dated.06.10.2025 SNI 744