Extracted from the PDF above. The PDF is authoritative.
APHC010444602021
IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY,THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26909 OF 2021 Between:
1. TELLA RAVI CHANDRA, S/o. Hanumantha Rao, Aged 27 years, Occ. Private Employee, R/o. Kalavakuru Village and Post, Addanki Mandal, Prakasam District. 2. Tella Hanumantha Rao, S/o. Venkateswarlu, Aged 70 years, Occ. Cultivation, R/o. Kalavakuru Village and Post, Addanki Mandal, Prakasam District. 3. TellaNagendram, W/o. Hanumantha Rao, Aged 55 years, Housewife, R/o. Kalavakuru Village and Post, Addanki Mandal, Prakasam District
1. The State of Andhra Government, Home Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Superintendent of Police, Prakasam District at Ongole. 3. The Deputy Superintendent of Police, Darsi, Prakasam District. 4. The Station House Officer, Addanki Police Station, Addanki, Prakasam District. 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA PETITION NO: 26909 OF 2021
1. TELLA RAVI CHANDRA, S/o. Hanumantha Rao, Aged 27 years, Occ. Private Employee, R/o. Kalavakuru Village and Post, Addanki Mandal,
2. Tella Hanumantha Rao, S/o. Venkateswarlu, Aged 70 years, Occ. ltivation, R/o. Kalavakuru Village and Post, Addanki Mandal, Prakasam
3. TellaNagendram, W/o. Hanumantha Rao, Aged 55 years, Housewife, R/o. Kalavakuru Village and Post, Addanki Mandal, Prakasam District ...Petitioners AND Pradesh, Rep. by. its Principal Secretary to Government, Home Department, Secretariat, Velagapudi, Amaravati, Guntur
2. The Superintendent of Police, Prakasam District at Ongole. 3. The Deputy Superintendent of Police, Darsi, Prakasam District. 4. The Station House Officer, Addanki Police Station, Addanki, Prakasam IN THE HIGH COURT OF ANDHRA PRADESH
MONDAY,THE TWENTY SEVENTH DAY OF OCTOBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
1. TELLA RAVI CHANDRA, S/o. Hanumantha Rao, Aged 27 years, Occ. Private Employee, R/o. Kalavakuru Village and Post, Addanki Mandal,
2. Tella Hanumantha Rao, S/o. Venkateswarlu, Aged 70 years, Occ. ltivation, R/o. Kalavakuru Village and Post, Addanki Mandal, Prakasam
3. TellaNagendram, W/o. Hanumantha Rao, Aged 55 years, Housewife, R/o. ...Petitioners Pradesh, Rep. by. its Principal Secretary to Government, Home Department, Secretariat, Velagapudi, Amaravati, Guntur
4. The Station House Officer, Addanki Police Station, Addanki, Prakasam
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5. Tella Hema Latha, W/o. Ravichandra, Aged 22 years, R/o. Dwaraka Nagar, Addanki Village and Mandal, Prakasam 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 may be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents particularly 4th respondent at the instance of the 5th respondent in repeatedly insisting the petitioners to appear before his authority for being arrested on the complaint of 5th respondent, without there being any crime registered or in violation of guidelines of Honourable Supreme Court of India in Arnesh Kumar Vs. State of Bihar and another in (2014) 8 Supreme Court Cases 273, as illegal, irregular, irrational and violative of Articles 14 and21 of Constitution of India and consequently direct the respondents not to interfere in any manner with the petitioners' personal life, liberty nor cause them arrested on the report of 5th respondent and pass such IA NO: 1 OF 2021 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 may be pleased to direct the respondents not to interfere in any manner with the petitioners' personal life, liberty nor cause them arrested on the report of 5th respondent, pending disposal of main Writ Petition and pass such Counsel for the Petitioners: V.N.V.SURYA DATTU Counsel for the Respondents: GP FOR HOME The Court made the following order:
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26909 OF 2021
ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“…may be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents particularly 4th respondent at the instance of the 5th respondent in repeatedly insisting the petitioners to appear before his authority for being arrested on the complaint of 5th respondent, without there being any crime registered or in violation of guidelines of Honourable Supreme Court of India in Arnesh Kumar Vs. State of Bihar and another in (2014) 8 Supreme Court Cases 273, as illegal, irregular, irrational and violative of Articles 14 and21 of Constitution of India and consequently direct the respondents not to interfere in any manner with the petitioners' personal life, liberty nor cause them arrested on the report of 5th respondent and pass such....…”
2. Heard Sri V.N.V.Surya Dattu, learned Counsel for the petitioners and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents.
3.
Learned counsel for the petitioners would submit that the 4th respondent-police, at the instance of the 5th respondent, have been repeatedly calling the petitioners to appear before them with an intention to arrest them, though no crime has been registered against them based on the complaint of the 5th respondent.
4. Learned Assistant Government Pleader, on written instructions, would submit that the 1st respondent and the 5th respondent are husband and wife
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and that certain disputes arose between them in their marital life. The petitioner herein lodged a complaint before the 4th respondent, which was registered as Crime No.305 of 2021 dated 10.08.2021 for the offences punishable under Section 328 read with Section 34 IPC, and the same is under investigation. During the course of investigation, the 4th respondent called the 1st petitioner while preparing the rough sketch of the scene of offence and for recording the statement of L.W.1, and also issued a notice under Section 91 Cr.P.C. for production of documents. It is further submitted that the 4th respondent never summoned the petitioners in connection with any enquiry relating to the complaint said to have been given by the 5th respondent.
5. Recording the same, this writ petition is disposed of. However, police are directed to follow due process of law, if any case is registered against the petitioners. 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 Dated 27.10.2025 KKV
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
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WRIT PETITION NO: 26909 OF 2021
Dated 27.10.2025 KKV