Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 58298 (AP)

Pulivarthi China Papa Rao @ Chandu v. The State of Andhra Pradesh

WP/25810/2021 · 2025-10-26

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010419512021 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: 25810 OF 2021 Between: 1. Pulivarthi China Papa Rao @ Chandu, S/o. Late. Bulliah, Hindu, Male, Aged 37 years, R/o. Chilakalapudi, Machilipatnam, Krishna District. 1. The State of Andhra Pradesh, Home Department, Rep. by PrI. Velagapudi, Amaravathi, Guntur District. 2. The Superintendent of Police, West Godavari District, Eluru. 3. The SubDivisional Police Officer, Eluru, West Godavari District. 4. The Station House Officer, III District. 5. Devarapalli Sandhya Kumari, W/o. China Papa Rao, Hindu, Female, Aged about 34 years, Govt. Employee, Flat No.302, D.No.12 Heights, State Bank Colony, Eluru, West Godavari District. Petition under Article circumstances stated in the affidavit filed therewith, the High Court may be pleased to to issue a writ, order or direction more particularly one in the nature 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: 25810 OF 2021 1. Pulivarthi China Papa Rao @ Chandu, S/o. Late. Bulliah, Hindu, Male, Aged 37 years, R/o. Chilakalapudi, Machilipatnam, Krishna District. ...Petitioner AND 1. The State of Andhra Pradesh, Home Department, Rep. by PrI. Velagapudi, Amaravathi, Guntur District. 2. The Superintendent of Police, West Godavari District, Eluru. 3. The SubDivisional Police Officer, Eluru, West Godavari District. 4. The Station House Officer, III-Town Police Station, Eluru, West Goda 5. Devarapalli Sandhya Kumari, W/o. China Papa Rao, Hindu, Female, Aged about 34 years, Govt. Employee, Flat No.302, D.No.12-40, Padmani Heights, State Bank Colony, Eluru, West Godavari 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 to issue a writ, order or direction more particularly one in the nature IN THE HIGH COURT OF ANDHRA PRADESH MONDAY,THE TWENTY SEVENTH DAY OF OCTOBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. Pulivarthi China Papa Rao @ Chandu, S/o. Late. Bulliah, Hindu, Male, Aged 37 years, R/o. Chilakalapudi, Machilipatnam, Krishna District. ...Petitioner 1. The State of Andhra Pradesh, Home Department, Rep. by PrI. Secretary, Town Police Station, Eluru, West Godavari 5. Devarapalli Sandhya Kumari, W/o. China Papa Rao, Hindu, Female, Aged 40, Padmani ...Respondents 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be to issue a writ, order or direction more particularly one in the nature 2 of WRIT OF MANDAMUS, declaring the action of the Respondent No.4 in repeatedly harassing petitioner and his family members at the influence of the 5th Respondent and registering the false criminal cases and insisting to settle the family disputes with unofficial respondent as illegal, irregular, arbitrary and in violative of the provisions of the Criminal Procedure Code and Rules frames thereunder and also offends Articles 14, 21 of constitution of India and consequently direct the Respondent police not to interfere into the family disputes and pass 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 to direct the Respondent police not to interfere into the family disputes between petitioner and 5th Respondent pending disposal of the main Writ Petition and pass Counsel for the Petitioner: MANGENA SREE RAMA RAO Counsel for the Respondents: GP FOR HOME Counsel for the Respondents:NIMMAGADDA REVATHI The Court made the following order: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25810 OF 2021 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the Respondent No.4 in repeatedly harassing petitioner and his family members at the influence of the 5th Respondent and registering the false criminal cases and insisting to settle the family disputes with unofficial respondent as illegal, irregular, arbitrary and in violative of the provisions of the Criminal Procedure Code and Rules frames thereunder and also offends Articles 14, 21 of constitution of India and consequently direct the Respondent police not to interfere into the family disputes and pass….” 2. Heard Sri Mangena Sree Rama Rao, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioner would submit that police are interfering in matrimonial disputes and insisting them to settle the matter with his wife. 4. Learned Assistant Government Pleader for Home, on written instructions would submit that a crime has been registered against the petitioner, basing on the complaint made by the unofficial respondent in Cr.No.275 of 2020 for the offence punishable under Section 498-A, 326, 506 r/w 34 IPC and after the completion of the investigation a charge-sheet was file and the same was numbered vide C.C.No.494 of 2020 on the file of Special Judicial Magistrate of First Class, Eluru and the same is pending for trial. The learned Assistant Government Pleader would further submit that, the 4 5th respondent again filed a complaint vide Cr.NO.825 of 2021 for the offence under Section 341, 324, 506(2) IPC and for causing service of notice under Section 41-A Cr.P.C, the 4th respondent called the petitioner to the police station. 5. Recording the same, the writ petition is disposed of. However, police are directed to follow due process of law regarding the crime which is registered against the petitioner. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Dated 27.10.2025 KKV 5 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 134 WRIT PETITION NO: 25810 OF 2021 Dated 27.10.2025 KKV