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APHC010438582023
IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY,THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: Between:
1. Mohammed Akmal,, S/o. Mohammed Jaffar Saheb, Age. 43 years, R/o.118, Lingabalija Street, Nawab peta, Nellore, SPSR Nellore (Dt), Andhra Pradesh - 524002. 1. State of Andhra Pradesh, Rep. by its Principal Secre Home, Amaravathi. 2. Director General of Police DGP, Police Department, Headquarters, Mangalagiri, Guntur District. 3. Superintendent of Police SP, Nellore District. 4. Circle Inspector of Police CI, III Town Police Station, Santhapet, AP. 5. SubInspector of Police SI, III Town Police Station, Santhapet, Nellore Town. 6. Asst SubInspector of Police ASI, III Town Police Station, Santhapet, Nellore. 7. Head Constable, III Town Police Station, Santhapet, Nellore Town. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 22708 OF 2023
1. Mohammed Akmal,, S/o. Mohammed Jaffar Saheb, Age. 43 years, R/o.118, Lingabalija Street, Nawab peta, Nellore, SPSR Nellore (Dt), Andhra ...Petitioner AND
1. State of Andhra Pradesh, Rep. by its Principal Secretary, Department of
2. Director General of Police DGP, Police Department, Headquarters, Mangalagiri, Guntur District. 3. Superintendent of Police SP, Nellore District. 4. Circle Inspector of Police CI, III Town Police Station, Santhapet,
5. SubInspector of Police SI, III Town Police Station, Santhapet, Nellore Town. 6. Asst SubInspector of Police ASI, III Town Police Station, Santhapet,
7. Head Constable, III Town Police Station, Santhapet, Nellore Town. IN THE HIGH COURT OF ANDHRA PRADESH
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
1. Mohammed Akmal,, S/o. Mohammed Jaffar Saheb, Age. 43 years, R/o.118, Lingabalija Street, Nawab peta, Nellore, SPSR Nellore (Dt), Andhra ...Petitioner tary, Department of
2. Director General of Police DGP, Police Department, Headquarters,
4. Circle Inspector of Police CI, III Town Police Station, Santhapet, Nellore,
5. SubInspector of Police SI, III Town Police Station, Santhapet, Nellore Town. 6. Asst SubInspector of Police ASI, III Town Police Station, Santhapet,
7. Head Constable, III Town Police Station, Santhapet, Nellore Town. 8. Mohammed Azgar, S/o. Maubali Age. Unknown to the Petitioner, R/o. 20- 5-15, Kotamitta Nellore City- 524001. 9. Mohamed Fareeda Begum, W/o. Mohammed Azgar, R/ o. 20-5-15, Kotamitta, Nellore City- 524001.
...Respondents 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 Respondent.No.4 to No.7 in harassing, impeding and obstructing the life and rightful movements of the petitioner, meddling into the 'civil disputes' and trying to settle the issue at the behest of the unofficial respondent/ s i.e. Respondent.No.8 and No.9, are highly illegal, arbitrary, misuse of power, without Jurisdiction and also contrary to established procedure under Civil Procedure Code (CPC) and Code of Criminal Procedure (CrPC), apart from violation of the fundamental rights enshrined under Art.14, 19 and 21 of the Constitution of India and consequently direct the Respondent.No.4 to No.7, not to interfere with the 'civil disputes' at the behest of the unofficial respondents and pass 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 Respondent.No.4 to No.7, not to take any coercive steps against the petitioner including but not limited to interfere in the 'civil disputes' between the writ petitioner and the unofficial respondent/ s i.e. Respondent.No.8 and No.9 and insisting the writ petitioner to repeatedly visit the III Town Police Station, Nellore and to pass Counsel for the Petitioner: DHEERA KANISHKA Counsel for the Respondents: GP FOR HOME
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 22708 OF 2023
ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“…to issue a Writ or order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the Respondent.No.4 to No.7 in harassing, impeding and obstructing the life and rightful movements of the petitioner, meddling into the 'civil disputes' and trying to settle the issue at the behest of the unofficial respondent/ s i.e. Respondent.No.8 and No.9, are highly illegal, arbitrary, misuse of power, without Jurisdiction and also contrary to established procedure under Civil Procedure Code (CPC) and Code of Criminal Procedure (CrPC), apart from violation of the fundamental rights enshrined under Art.14, 19 and 21 of the Constitution of India and consequently direct the Respondent.No.4 to No.7, not to interfere with the 'civil disputes' at the behest of the unofficial respondents and pass…”
2. Heard Sri Dheera Kanishka, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home.
3. When the matter is taken up for hearing, Sri V.Farooq, learned Assistant Government Pleader for Home, on written instructions would submit that, there are civil disputes between the petitioner and 8th respondent regarding their gold transaction. Basing on the complaint of the 8th respondent, the respondent No.5 called the petitioner for preliminary enquiry,
respondent police never interfered into civil matter between the petitioner and unofficial respondents.
4. The learned counsel for the petitioner would submit that the Court may pass appropriate orders.
5. Considering the submissions made, the writ petition is disposed of. However, respondent-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.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 08.12.2025 KKV
HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.22708 of 2023
Dated.08.12.2025
KKV 122
HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: W.P.No.22708 of 2023 PROCEEDING SHEET Sl. No. Date
ORDER OFFICE NOTE
08.12.2025
Dr.VJP,J
The Writ Petition is disposed of.
(vide separate order)
________ Dr.VJP,J KKV