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2025 DAILYLAW 57434 (AP)

JOHN MOSSES v. THE STATE OF ANDHRA PRADESH

WP/27434/2025 · 2025-10-08

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010527102025 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. JOHN MOSSES, S/o Krishna Reddy, Aged 52 years, R/o D.No.25/124 Reddis Colony, Bethel Colony, Rayachoty Town, Annamaa District, Andhra Pradesh. 1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretar Amaravati, A.P. 2. 2. The Superintendent of Police, Rayachoty, Annamayya Distrcit. 3. 3. The Inspector of Police, Rayachoty U/G Police Station, Rayachoty, Annama5Ya District. 4. The SubInspector of Police, Rayachoty U/G Police Station, Rayachoty, Annamaa District. 5. Shaik Jabeer, S/o Late Basha Valli, Aged 30 years, Alimabad Street, Rayachoty Town, Annamayya District. Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit pleased to pleased to issue a Writ, order or direction more particularly one in 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: 27434 OF 2025 1. JOHN MOSSES, S/o Krishna Reddy, Aged 52 years, R/o D.No.25/124 Reddis Colony, Bethel Colony, Rayachoty Town, Annamaa District, Andhra ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretar 2. The Superintendent of Police, Rayachoty, Annamayya Distrcit. 3. 3. The Inspector of Police, Rayachoty U/G Police Station, Rayachoty, 4. The SubInspector of Police, Rayachoty U/G Police Station, Rayachoty, 5. Shaik Jabeer, S/o Late Basha Valli, Aged 30 years, Alimabad Street, Rayachoty Town, Annamayya 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 issue a Writ, order or direction more particularly one in IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. JOHN MOSSES, S/o Krishna Reddy, Aged 52 years, R/o D.No.25/124-4, Reddis Colony, Bethel Colony, Rayachoty Town, Annamaa District, Andhra ...Petitioner 1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary,- 2. The Superintendent of Police, Rayachoty, Annamayya Distrcit. 3. 3. The Inspector of Police, Rayachoty U/G Police Station, Rayachoty, 4. The SubInspector of Police, Rayachoty U/G Police Station, Rayachoty, 5. Shaik Jabeer, S/o Late Basha Valli, Aged 30 years, Alimabad Street, ...Respondents Petition under Article 226 of the Constitution of India praying that in the filed therewith, the High Court may be pleased to issue a Writ, order or direction more particularly one in 2 the nature of WRIT OF MANDAMUS declaring the action of official respondents especially and 4TH respondents in interfering with civil matters pertains to the petitioner at the instance of unofficial respondent and calling the petitioner to the police station to sign and settle the matter with the unofficial respondent as illegal, arbitrary and consequently direct the respondents to desist from calling the petitioners to the police station in relation to civil matters and settle with the unofficial respondent 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 prayed that, the Hon hie Court may be pleased to direct the official respondent’s 3RD and 4TH to desist from calling the petitioners to the police station in relation to civil matters and pass Counsel for the Petitioner: T V S KUMAR Counsel for the Respondents: GP FOR HOME The Court made the following order: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 27434 OF 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “…pleased to issue a Writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of official respondents especially and 4TH respondents in interfering with civil matters pertains to the petitioner at the instance of unofficial respondent and calling the petitioner to the police station to sign and settle the matter with the unofficial respondent as illegal, arbitrary and consequently direct the respondents to desist from calling the petitioners to the police station in relation to civil matters and settle with the unofficial respondent and pass...” 02. Heard Sri T.V.S.Kumar, learned counsel for the petitioner and Sri V,Farooq, learned Assistant Government Pleader appearing for the Home. 03. Learned counsel for the petitioner submitted that the police are unnecessarily interfering in civil disputes between the petitioner and unofficial respondents and have been calling the petitioner to the police station without any lawful reason. The learned counsel therefore prayed for a direction restraining the police from interfering in any civil dispute and to act strictly in accordance with law. 04. Learned Assistant Government Pleader for Home, on the basis of written instructions, submitted that Crime No.390 of 2025 has been registered against the petitioner for the offences punishable under Sections 318(4), 127(2), 308(5), 351(3), and 338 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, on the file of Rayachoty Urban Police Station, on 21.07.2025. 4 It is submitted that the petitioner has been granted bail in the said crime and, as per the bail conditions imposed by the competent Court, the petitioner is required to appear before the concerned Court twice a week. It is further stated that except for ensuring compliance with the said bail conditions and to proceed with the investigation in the above crime, the police have not been calling or harassing the petitioner and have not interfered in any civil disputes. 05. Having heard the submissions made on either side and upon perusal of the material available on record, it is not in dispute that Crime No.390 of 2025 has been registered against the petitioner and that he has been enlarged on bail. The conditions imposed by the competent Court require his periodical appearance. 06. Accordingly, the writ petition is disposed of, directing the respondent police shall follow due process of law in connection with Crime No.390 of 2025 registered against the petitioner. The respondent police are further directed not to interfere in any purely civil dispute between the petitioner and the unofficial respondents, except under due process of law. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 09.10.2025 KKV 5 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 184 WRIT PETITION NO: 27434 OF 2025 Date: 09.10.2025 KKV