AKUMALLA CHINNA BADULLA v. THE STATE OF ANDHRA PRADESH
WP/29697/2025 · 2025-11-03
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 57063 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 57063 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010575062025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 29697/2025 Between:
1. AKUMALLA CHINNA BADULLA, S/O MEERA, AGED ABOUT 43 YEARS,
R/O DOOR NO. 2-45, INDIRANAGAR - II, YENAMALAKUDURU, TADIGADAPA MUNCIPALITY, KRISHNA DISTRICT - 520007
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY,
HOME (POLICE) DEPARTMENT, ANDHRA PRADESH SECRETARIAT OFFICE, VELAGAPUDI, AMRAVATI. 2. THE DIRECTOR GENERAL OF POLICE, STATE OF ANDHRA PRADESH, MANGALGIRI, AMARAVATHI. 3. THE CIRCLE INSPECTOR OF POLICE, KANKIPADU CIRCLE, KRISHNA (D), ANDHRA PRADESH
4. THE SUPERINTENDENT OF POLICE, KANKIPADU CIRCLE, KANKIPADU POLICE STATION, KRISHNA (D), ANDHRA PRADESH. 5. THE STATION HOUSE OFFICER, KANKIPADU CIRCLE, KANKIPADU POLICE STATION, KRISHNA (D), ANDHRA PRADESH. 6. SK PUNNI, W/O SK. AHMAD @ NANI, AGED ABOUT 48 YEARS, R/O DOOR NO. 2-108 DEVINENIRAJA BAZAR, EDUPUGALLU VILLAGE, KANKIPADUMANDALAM, KRISHNA DISTRICT. 2
7. SK AHMAD NANI, S/O MASTAN AGED ABOUT 54 YEARS, R/O DOORNO. 2-108, DEVINENIRAJA BAZAR, EDUPUGALLU VILLAGE, KANKIPADU MANDALAM, KRISHNA 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 to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent authorities, more particularly Respondent Nos. 3 to 5, in unlawfully calling the Petitioner herein to the Police Station, detaining him illegally for long hours, and coercing him to satisfy an alleged money claim in favour of the 6th and 7th Respondents herein as illegal, arbitrary, and contrary to well-established legal principles, apart from being violative of the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 and consequently direct the Respondents not to call the Petitioner to the police station for the aforesaid purpose and pass IA NO: 1 OF 2025 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 to direct the Respondent authorities not to call the Petitioner herein to the police station, coerce the Petitioner to satisfy an alleged money claim in favour of the 6th and 7th Respondents and not to interfere with life and liberty of the Petitioner and pass Counsel for the Petitioner:
1.
PHANI VISWANATH CHALLA Counsel for the Respondent(S):
1. GP FOR HOME
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 29697 of 2025
ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“…to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent authorities, more particularly Respondent Nos. 3 to 5, in unlawfully calling the Petitioner herein to the Police Station, detaining him illegally for long hours, and coercing him to satisfy an alleged money claim in favour of the 6th and 7th Respondents herein as illegal, arbitrary, and contrary to well-established legal principles, apart from being violative of the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 and consequently direct the Respondents not to call the Petitioner to the police station for the aforesaid purpose and pass…”
2. Heard Sri Phani Viswanath Challa, learned counsel for the petitioners and Sri V.Farook, learned Assistant Government Pleader for Home for the official respondents.
3. Learned Assistant Government Pleader for Home, on written instructions, would submit that basing on the complaint made by one Smt.Shaik Meera Hussain Bee @ Shaik Punni/the 6th respondent, against the petitioner, the respondent-police summoned both parties and enquired into the matter. During the course of enquiry, it was revealed that the dispute between the petitioner and the 6th respondent was purely of a civil and monetary nature. Hence, the respondent-police are not interfering in the civil disputes
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between the parties. The petitioner was called to the police station for preliminary enquiry only and no crime has been registered against him.
4.
Learned counsel for the petitioner would submit that the Court may pass appropriate Orders.
5. In that view of the matter, this 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. The police are further directed not to call the petitioner to the police station without therebeing any crime registered against him. 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: 04.11.2025. UPS
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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.29697 of 2025
Dated.04.11.2025
UPS
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