APHC010532352025 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. KESANA ANUGNASAI, W/o Abburi Shiva Prasad, Aged about 32 years, Occ Pvt. Employee R/o. Gudavalli village, near Ramalayam Bazar, Cherukupalli Mandal, Bapatia District. 2. Lukka Srivani Siva Naga Jyothi, W/o. Lukka Ravindra Kuma 52 years, Occ Teacher R/o. Gudavalli village. Near Ramalayam Bazar Cherukupalli mandal, Bapatia district. 3. Kesana Janaki Raman,, S/o Kesana Mohana Vamsi, Aged about 28 years, Occ Pvt. Employee R/o. Gudavalli village, near Ramalayam Baz Cherukupalli mandal, Bapatla District. 1. THE STATE OF AP, Rep. by Principal Secretary to the Government, Home Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Superintendent of Police, Guntur District at Gun 3. The Deputy Superintendent of Police, Guntur City, Guntur District. 4. The Station House Officer, Arundalpet Police Station, Brodipet, Guntur District. 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: 27595 OF 2025 1. KESANA ANUGNASAI, W/o Abburi Shiva Prasad, Aged about 32 years, Occ Pvt. Employee R/o. Gudavalli village, near Ramalayam Bazar, Cherukupalli Mandal, Bapatia District. 2. Lukka Srivani Siva Naga Jyothi, W/o. Lukka Ravindra Kumar, Aged about 52 years, Occ Teacher R/o. Gudavalli village. Near Ramalayam Bazar Cherukupalli mandal, Bapatia district. 3. Kesana Janaki Raman,, S/o Kesana Mohana Vamsi, Aged about 28 years, Occ Pvt. Employee R/o. Gudavalli village, near Ramalayam Baz Cherukupalli mandal, Bapatla District. ...Petitioners AND 1. THE STATE OF AP, Rep. by Principal Secretary to the Government, Home Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Superintendent of Police, Guntur District at Guntur. 3. The Deputy Superintendent of Police, Guntur City, Guntur District. 4. The Station House Officer, Arundalpet Police Station, Brodipet, Guntur IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. KESANA ANUGNASAI, W/o Abburi Shiva Prasad, Aged about 32 years, Occ Pvt. Employee R/o. Gudavalli village, near Ramalayam Bazar, r, Aged about 52 years, Occ Teacher R/o. Gudavalli village. Near Ramalayam Bazar 3. Kesana Janaki Raman,, S/o Kesana Mohana Vamsi, Aged about 28 years, Occ Pvt. Employee R/o. Gudavalli village, near Ramalayam Bazar ...Petitioners 1. THE STATE OF AP, Rep. by Principal Secretary to the Government, Home 3. The Deputy Superintendent of Police, Guntur City, Guntur District. 4. The Station House Officer, Arundalpet Police Station, Brodipet, Guntur 2 5. Kola Roja Latha, D/o. Not known, Occ Sub Inspector working in Arundalpet Police Station, Guntur District. 6. Nallamothu David Paul, S/o N. Sundar Rao, Aged 48 years, R/o. Nekkalam Gollagudem, Agiripalli Mandal, Eluru 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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS directing Respondents 4 and 5 to cease coercion and threats against the petitioners under FIR No. 561/2025 registered on the file of 4th respondent and consequently direct the competent authorities to re)fer the 6th Respondents admitted cash transfer of Rs 16,00,000/- which has no nexus to any criminal offense to the Income Tax Department for action under Section 269 ST of the income Tax Act, 1961, in line with the Supreme Courts decision in RBANMS Educational Institution Vs B. Gunashekar and Others (2025 SCC Online SC 793), 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 pleased to stay all proceedings pursuant to FIR No. 561/2025 and consequently restrain Respondents 4 and 5 from taking any coercive action including arrest of the petitioners, pending disposal of the main Writ Petition and pass Counsel for the Petitioners: PALA KARTHI KIRAN Counsel for the Respondents: GP FOR HOME The Court made the following order: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 27595 OF 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS directing Respondents 4 and 5 to cease coercion and threats against the petitioners under FIR No. 561/2025 registered on the file of 4th respondent and consequently direct the competent authorities to refer the 6th Respondents admitted cash transfer of Rs 16,00,000/- which has no nexus to any criminal offense to the Income Tax Department for action under Section 269 ST of the income Tax Act, 1961, in line with the Supreme Courts decision in RBANMS Educational Institution Vs B. Gunashekar and Others (2025 SCC Online SC 793), and pass....…” 2. Heard Sri Pala Karthi Kiran, learned counsel for the petitioners, and Sri V. Farooq, learned Assistant Government Pleader for Home, appearing for the official respondents. 3. The learned counsel for the petitioners submits that Respondents 4 and 5 have been coercing and threatening the petitioners in connection with FIR No. 561 of 2025 registered on the file of the 4th respondent. It is urged that the 6th respondent admitted to transferring an amount of ₹ 16,00,000/- to the petitioners, which constitutes a private financial transaction having no nexus with any criminal offence. He further relies upon the judgment of the Hon’ble Supreme Court in RBANMS Educational Institution v. B. Gunashekar 4 & Others (2025 SCC OnLine SC 793), wherein it was held that cash transactions of this nature, if unconnected with any criminal act, fall within the jurisdiction of the Income Tax Department under Section 269ST of the Income-tax Act, 1961, and cannot by themselves constitute a criminal offence. 4. The learned Assistant Government Pleader for Home, on instructions, submits that a crime has indeed been registered against the petitioners and that the Station House Officer concerned shall follow due process of law while proceeding with the investigation. It is further submitted that the police have not taken, and will not take, any coercive or illegal action against the petitioners. 5. Having considered the rival submissions and on perusal of the record, this Court is of the view that since the learned Assistant Government Pleader has categorically stated that the police will act strictly in accordance with law, the grievance of the petitioners stands substantially redressed. 6. Accordingly, this Writ Petition is disposed of, the respondent police are directed to follow due process of law regarding FIR No. 561 of 2025 which is registered against the petitioner. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Dated 09.10.2025 KKV 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA 144 W.P.No.27595 of 2025 Dated: 09.10.2025 KKV