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2025 DAILYLAW 58337 (AP)

SRI M.SIVA RAMAKRISHNA v. THE STATE OF ANDHRA PRADESH

WP/30378/2021 · 2025-10-26

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010506112021 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: 30378 OF 2021 Between: 1. SRI M.SIVA RAMAKRISHNA, S/o. M.Nageshwar Rao, aged 34 yrs, D.No. 8-6-14, Sinnavarapuvari Veedhi, Kovvuru, West Godavari Pradesh. 2. Sri Chitti Kumari, W/o. M. V.V. Satynarayana, aged 42 yrs, Occ. House FF-3, Ganesh Apts, Mega Township, Autonagar, Vijayawada 3. Sri K.Varalakshmi,, W/o. K. Satynarayana, aged 39 yrs, Occ. Housewife, D.No. 15-9-100/199G, Indiramma Colony, Satyvathi Nagar, Kovvuru, West Godavari- 534350. 4. Sri S.Ratna Kumari, W/o S. Venugopal, aged 38 yrs, Occ. Housewife, 1st Floor, Skml Nagar, D.No. 21 Urban, NAD, Andhra Pradesh 1. THE STATE OF ANDHRA PRADESH, Home Department, Rep by its Principal Secretary Velagapudi, Sectertariat, Amaravathi. 2. The Superintendent of Police, Machilipatnam. Krishna 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: 30378 OF 2021 1. SRI M.SIVA RAMAKRISHNA, S/o. M.Nageshwar Rao, aged 34 yrs, D.No. 14, Sinnavarapuvari Veedhi, Kovvuru, West Godavari- 520013. Andhra 2. Sri Chitti Kumari, W/o. M. V.V. Satynarayana, aged 42 yrs, Occ. House 3, Ganesh Apts, Mega Township, Autonagar, Vijayawada - 520007. 3. Sri K.Varalakshmi,, W/o. K. Satynarayana, aged 39 yrs, Occ. Housewife, 100/199G, Indiramma Colony, Satyvathi Nagar, Kovvuru, West i, W/o S. Venugopal, aged 38 yrs, Occ. Housewife, 1st Floor, Skml Nagar, D.No. 21-71/9, Lane-1, Kakani Nagar, Visakhapatnam Urban, NAD, Andhra Pradesh -530009 ...Petitioners AND 1. THE STATE OF ANDHRA PRADESH, Home Department, Rep by its tary Velagapudi, Sectertariat, Amaravathi. 2. The Superintendent of Police, Machilipatnam. Krishna District. IN THE HIGH COURT OF ANDHRA PRADESH MONDAY,THE TWENTY SEVENTH DAY OF OCTOBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. SRI M.SIVA RAMAKRISHNA, S/o. M.Nageshwar Rao, aged 34 yrs, D.No. 520013. Andhra 2. Sri Chitti Kumari, W/o. M. V.V. Satynarayana, aged 42 yrs, Occ. Housewife, 520007. 3. Sri K.Varalakshmi,, W/o. K. Satynarayana, aged 39 yrs, Occ. Housewife, 100/199G, Indiramma Colony, Satyvathi Nagar, Kovvuru, West i, W/o S. Venugopal, aged 38 yrs, Occ. Housewife, 1st 1, Kakani Nagar, Visakhapatnam ...Petitioners 1. THE STATE OF ANDHRA PRADESH, Home Department, Rep by its 2 3. The Station House Officer, Kaikaluru Police Station, Krishna District, Andhra Pradesh. ...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 to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondent No.3 in interfering in the matrimonial dispute and forcing the petitioner to settle and compromise the same in favour of defacto complainant and harassing the petitioners' by summoning them to the police station without following due process of law as the petitioner not obliged the illegal demand of the respondent No.3 as arbitrary, illegal and violation of article 21 of the Constitution of India and consequently direct the respondent No.3 not to interfere in the matrimonial dispute and not to summon the petitioner and his family members and harass him without following due process of law in the interest of justice. 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 No.3 not to interfere in the matrimonial dispute and not to summon the petitioner and harass him without following due process of law pending disposal of the writ petition in the interest of justice. Counsel for the Petitioners: RAMINENI SATISH BABU Counsel for the Respondents: GP FOR HOME The Court made the following order: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 30378 OF 2021 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 to declare the action of the respondent No.3 in interfering in the matrimonial dispute and forcing the petitioner to settle and compromise the same in favour of defacto complainant and harassing the petitioners' by summoning them to the police station without following due process of law as the petitioner not obliged the illegal demand of the respondent No.3 as arbitrary, illegal and violation of article 21 of the Constitution of India and consequently direct the respondent No.3 not to interfere in the matrimonial dispute and not to summon the petitioner and his family members and harass him without following due process of law in the interest of justice....…” 2. Heard Sri R.Satish Babu, 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 police are calling the petitioners to the police station by interfering in a matrimonial dispute and forcing the petitioners to settle and compromise the matter. 4. Learned Assistant Government Pleader, on written instructions, would submit that basing on the complaint of one Mrs.Y.Durga Vani, a crime has been registered against the petitioners vide Crime No.245 of 2021 dated 15.03.2021 for the offences punishable under Section 498-A, 354 of IPC and Section 3 & 4 of DP Act by the WPS, DD, Hyderabad and the same was transferred to the concerned police station on the point of jurisdiction. He 4 would further submit that in the light of the interim order dated 23.12.2021 passed by this Court in I.A.No.1 of 2021, the police are not interfering in the matrimonial disputes between the parties. 5. Recording the same, this writ petition is disposed of. However, police are directed to follow due process of law, regarding the crime which 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 5 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 133 WRIT PETITION NO:30378 OF 2021 Dated 27.10.2025 KKV