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2025 DAILYLAW 57399 (AP)

YERRAGOPULA MURALIKRISHNA v. THE STATE OF ANDHRA PRADESH

WP/27488/2025 · 2025-10-08

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010530452025 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. YERRAGOPULA MURALIKRISHNA, S/o Venkateswara Rao, aged 45 years, D.No. 5-127/F, Near Katuri Public School Lalupuram Village, Guntur Mandal, Guntur District. 2. Singarapu Gopi Trinath,, S/o Tirupataiah, aged 33 years, R/o D.No. Veerannapalem, Lalupuram Village, Guntur Mandal, Guntur District. 1. THE STATE OF ANDHRA PRADESH, Rep by the Principal Secretary, Department of Home affairs. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Director General of Police, Police Head Quarters, Mangalagiri, Guntur District. 3. The Superintendent of Police, Guntur Urban District, Guntur. 4. The Station House Officer, Nallapadu Police Station, Guntur. 5. The Sub Inspector of Police, Nallapadu Police Statio 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: 27488 OF 2025 1. YERRAGOPULA MURALIKRISHNA, S/o Venkateswara Rao, aged 45 127/F, Near Katuri Public School Lalupuram Village, Guntur 2. Singarapu Gopi Trinath,, S/o Tirupataiah, aged 33 years, R/o D.No. Veerannapalem, Lalupuram Village, Guntur Mandal, Guntur District. ...Petitioners AND 1. THE STATE OF ANDHRA PRADESH, Rep by the Principal Secretary, Department of Home affairs. Secretariat, Velagapudi, Amaravathi, Guntur r General of Police, Police Head Quarters, Mangalagiri, Guntur of Police, Guntur Urban District, Guntur. 4. The Station House Officer, Nallapadu Police Station, Guntur. 5. The Sub Inspector of Police, Nallapadu Police Station, Guntur. IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. YERRAGOPULA MURALIKRISHNA, S/o Venkateswara Rao, aged 45 127/F, Near Katuri Public School Lalupuram Village, Guntur 2. Singarapu Gopi Trinath,, S/o Tirupataiah, aged 33 years, R/o D.No. 8-10, Veerannapalem, Lalupuram Village, Guntur Mandal, Guntur District. ...Petitioners 1. THE STATE OF ANDHRA PRADESH, Rep by the Principal Secretary, Department of Home affairs. Secretariat, Velagapudi, Amaravathi, Guntur r General of Police, Police Head Quarters, Mangalagiri, Guntur 6. Gunupati Venkateswara Reddy, S/o not know to the petitioner. Proprietor of Vijay Sai General Trading Company, R/o 2ND Lane, Stambalagaruvu, Beside Bhargavi Suppliers, Guntur. 7. Poreddy China Obulu Reddy, S/o China Narasimha Reddy, aged 39 years, R/o N.G.O. Colony, Guntur. ...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 be pleased to issue a writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring that the Respondent Nos.4 and 5 cannot interfere in any civil disputes between the citizens and cannot take on themselves the function of a civil court at the instance of the third parties by repeatedly calling the petitioners to the police station and threatening them to settle the financial disputes between the petitioners and the 6TH Respondent being illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India apart from being violative of Principles of Natural Justice 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 direct the Respondent No.4 and 5 and their staff not to interfere with the life, liberty of the petitioners by calling them to the police station repeatedly to settle the financial disputes, pending disposal of the main writ petition and pass Counsel for the Petitioners: VENKATA DURGA RAO ANANTHA Counsel for the Respondents: GP FOR HOME The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 27488 OF 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…be pleased to issue a writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring that the Respondent Nos.4 and 5 cannot interfere in any civil disputes between the citizens and cannot take on themselves the function of a civil court at the instance of the third parties by repeatedly calling the petitioners to the police station and threatening them to settle the financial disputes between the petitioners and the 6TH Respondent being illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India apart from being violative of Principles of Natural Justice and pass..…” 2. Heard Sri A.Venkata Durga Rao, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home appearing for the official respondents. 3. The grievance of the petitioners is that the respondent police have been repeatedly summoning them to the police station and pressurizing them to settle financial disputes with the 6th respondent, which, according to the petitioners, are purely civil in nature and do not attract any criminal element. 4. On the other hand, the learned Assistant Government Pleader for Home, on instructions, submits that the respondent police have not interfered in any civil dispute between the parties. It is submitted that the petitioners, who worked as commission agents for Vijaya Sai General Trading Company owned by the 6th respondent, were called to the police station only for the purpose of enquiry, pursuant to a report lodged by the 7th respondent alleging misappropriation of an amount of ₹12,30,000/-. It is stated that the police merely made preliminary enquiry to verify the allegations and did not take any coercive steps against the petitioners. It is further submitted that the petitioners, instead of cooperating with the enquiry, have approached this Court by making false and baseless allegations against the police, to avoid any possible legal action. 5. Having considered the submissions made by both sides and on perusal of the record, it appears that the dispute between the petitioners and the 6th respondent is essentially financial in nature, arising out of business transactions. Since the learned Assistant Government Pleader for Home has categorically submitted that the police are not interfering in the civil dispute and no coercive action is contemplated against the petitioners, this Court finds that no further adjudication is necessary at this stage. 6. Accordingly, the Writ Petition is disposed of, directing that the respondent police shall not interfere in any purely civil dispute between the parties and shall strictly follow due process of law. The police shall not summon or detain the petitioners at the police station in the absence of any cognizable offence. The petitioners, are at liberty to work out their remedies before the competent Civil Court in respect of their financial disputes with the 6th respondent. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 09.10.2025 KKV 134 HON’BLE DR. JUSTICE VENKATAJYOTHIRMAI PRATAPA W.P.No.27488 of 2025 Dated: 09.10.2025 KKV