APHC010534722025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY,THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: Between: 1. Diddi Nasaraiah,, S/o. Diddi Pedda Lalaiah Aged about 30 years, R/o. .marellavaripalem village Nuzendia Mandal, Palnadu District. 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department Velagapudi, Amaravati, Guntur District Andhra Pradesh. 2. The Deputy General of Police, Mangalagiri, Andhra Pradesh. 3. The Superintendent of Police, Palnadu. 4. The Station House Officer, Bellamkonda police station, Palnadu District, Andhra Pradesh. 5. Diddi Srilekha, , W/o. Diddi Nasaraiah Aged about 26 years, R/O. Nagireddypalem village Bellamkonda mandal, Palnadu District. 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 pleased to issue writ, order, direction, more particularly one in the nature of writ of mandamus by declaring the high 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 27670 OF 2025 1. Diddi Nasaraiah,, S/o. Diddi Pedda Lalaiah Aged about 30 years, R/o. .marellavaripalem village Nuzendia Mandal, Palnadu District. - 522660. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department Velagapudi, Amaravati, Guntur District Andhra Pradesh. 2. The Deputy General of Police, Mangalagiri, Andhra Pradesh. 3. The Superintendent of Police, Palnadu. 4. The Station House Officer, Bellamkonda police station, Palnadu District, 5. Diddi Srilekha, , W/o. Diddi Nasaraiah Aged about 26 years, R/O. Nagireddypalem village Bellamkonda mandal, Palnadu District. ...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 to pleased to issue writ, order, direction, more particularly one in the ndamus by declaring the high-handed action of IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. Diddi Nasaraiah,, S/o. Diddi Pedda Lalaiah Aged about 30 years, R/o. 522660. ...Petitioner 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department Velagapudi, Amaravati, Guntur District Andhra Pradesh. 4. The Station House Officer, Bellamkonda police station, Palnadu District, 5. Diddi Srilekha, , W/o. Diddi Nasaraiah Aged about 26 years, R/O. ...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 to pleased to issue writ, order, direction, more particularly one in the handed action of 2 respondent no.4 in harassing the petitioner and his family memebers by summoning them to the respondent no.4 police station and insistintg them to make confessional statement against their will at the behest of respondent no.5 without any proper notice and thereby threatening them to pay lumpsum amount inorder to settle the matrimonial dispute between the parties as illegal, arbitrary, unconstitutional and in violation of principles of natural justice, article 14, 21 of the Indian constitution and consequently direct respondent no.4 to not to summon the petitioners and his family members at the behest of the respondent no.5 under the guise of any settlements and to 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 pleased to direct respondent no.4 to not to summon and harass the petitioner or his family memebers under the guise of any matrimonial settlements without following due process of law, pending disposal of the above writ petition and to pass Counsel for the Petitioner: PILLIX LAW FIRM Counsel for the Respondents: GP FOR HOME The Court made the following order: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 27670 OF 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “….pleased to issue writ, order, direction, more particularly one in the nature of writ of mandamus by declaring the high-handed action of respondent no.4 in harassing the petitioner and his family memebers by summoning them to the respondent no.4 police station and insistintg them to make confessional statement against their will at the behest of respondent no.5 without any proper notice and thereby threatening them to pay lumpsum amount inorder to settle the matrimonial dispute between the parties as illegal, arbitrary, unconstitutional and in violation of principles of natural justice, article 14, 21 of the Indian constitution and consequently direct respondent no.4 to not to summon the petitioners and his family members at the behest of the respondent no.5 under the guise of any settlements and to pass…” 2. Heard the learned counsel for the petitioner and Sri V. Farooq, learned Assistant Government Pleader for Home, appearing for the official respondents. 3. When the matter was taken up for hearing, the learned Assistant Government Pleader for Home submitted, upon instructions, that based on a complaint made by the 5th respondent, the petitioner was called only for family counseling, and that no coercive or illegal steps were taken by the respondent police. 4. The learned counsel for the petitioner, while not disputing the pendency of matrimonial disputes between the parties, submits that the petitioner and his family members are being harassed under the guise of such counseling and are being pressurized to make confessional statements or to pay amounts towards settlement. 4 5. Having considered the submissions of both learned counsel and upon perusal of the material available on record, this Court finds that the 4th respondent police are allegedly interfering in the matrimonial dispute between the petitioner and the 5th respondent and are summoning the petitioner and his family members to the police station without registration of any crime. 6. It is well settled that the police have no authority to interfere in purely civil or matrimonial disputes or to summon private parties to the police station for the purpose of effecting settlements. If any complaint discloses commission of a cognizable offence, the police are bound to act strictly in accordance with the provisions of the Code of Criminal Procedure, 1973, and follow due process of law. 7. Accordingly, this Writ Petition is disposed of, directing the respondent police shall not summon the petitioner to the police station in the absence of any crime registered against him and his family members, in case if any crime registered against the petitioner or his family members, the police are directed to follow 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:09.10.2025 KKV 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA 165 W.P.No.27670 of 2025 Dt.09.10.2025 KKV