1 APHC010090322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 4676/2025 Between: 1. NAGAM SAI SAMEER, S/O. N.S.V. KRISHNA RAO, AGED 32 YEARS, OCC: AUDITOR, R/O. H.NO- 16-10-270. FLAT NO. 108, APROOPA APARTMENTS. MALAKPET. HYDERABAD-500036. 2. N.S.V. KRISHNA RAO, S/O. LATE NV RAMARA RAO, AGED-65 YEARS, OCC AUDITOR, R/O. H.NO- 16-10-270. FLAT NO. 108, APROOPA APARTMENTS. MALAKPET. HYDERABAD-500036. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY FOR HOME SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE KAKINADA DISTRICT. 3. THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, DR. B.R. AMBEDKAR KONASEEMA DISTRICT. 4. THE DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF DEPUTY SUPERINTENDENT OF POLICE, AMALAPURAM, DR. B.R. AMBEDKAR KONASEEMA DISTRICT. 5. THE STATION HOUSE OFFICER, AMALAPURAM TOWN POLICE STATION, AMALAPURAM. DR. B.R. AMBEDKAR KONASEEMA DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. VARUN BYREDDY Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 2 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... a writ of Mandamus, declaring the action of Respondents particularly the personnel of the Respondent No. 5, wherein they have been continuously harassing us and calling us to the police station and insisting and threatening the Petitioners to handover the custody of the minor child by name Nagam SKB Prabhava Abhirama, aged 6 years to the relatives of the 1st Petitioners wife and interfere in the matrimonial and custodial disputes between the 1st Petitioner and his wife as being illegal, arbitrary, unconstitutional apart from being violative of Articles 14, 19 and 21 of the Constitution of India and consequently direct the official Respondents to not interfere in the matrimonial and custodial disputes between the 1st Petitioner and his wife and to not to insist or threaten the Petitioners to handover the custody of minor child to his mother or her relatives which are purely civil in nature.” 2. Heard Sri Varun Byreddy, learned counsel for the Petitioners and Sri P.Ajay Babu, learned Assistant Government Pleader for Home. 3. Learned counsel for the Petitioners would submit that the Petitioners herein are the father and grandfather of the minor child namely Nagam S.K.B.Prabhava Abhirama, aged 6 years, who is in the care and custody of the Petitioners. Learned counsel would further submit that Petitioner No.1 herein filed O.P.No.503 of 2023 on the file of Principal Judge, Family Court- cum-Additional Chief Judge, City Civil Court, Hyderabad and obtained an interim order from the Court in I.A.No.289 of 2023, dated 24.04.2023 for the custody of the child until further orders, restraining his wife temporarily from taking away the custody of the child from his possession. Learned counsel would further submit that the Petitioners herein wanted to perform some Pooja 3 in Pithapuram on 23.02.2025 and 24.02.2025. In fact, they have invited the wife of Petitioner No.1 and her family members to attend the Pooja. While so, the Police are calling the Petitioners and threatening them that they take them into custody with regard to Crime No.147 of 2024 on the file of Amalapuram Town Police Station, Dr.B.R.Ambedkar Konaseema District and they will take away the child from their custody. Learned counsel would further submit that, a direction may be given to the Police not to disturb the custody of the child from the father, since the same is protected by virtue of a judicial order. 4. Learned Assistant Government Pleader would submit that, against the Petitioners a case in Crime No.147 of 2024 on the file of Amalapuram Town Police Station, Dr.B.R.Ambedkar Konaseema District for the offence under Sections 498-A read with 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act, was registered. Learned Assistant Government Pleader would further submit that, Police have called the Petitioners to issue notice under Section 41-A Cr.P.C / 35(3) of BNSS regarding the said case. It is submitted that, Police are not intending to disturb the child from the custody of Petitioner No.1 and they are not aware of the judicial order passed in O.P.No.503 of 2023 giving interim custody of the child. 5. Considering the submissions made, since the child is in the custody of his father, who is Petitioner No.1 herein and the said custody is protected by a judicial order which is in force, the Police are directed to follow due process of law regarding Crime No.147 of 2024 on the file of Amalapuram Town Police Station, registered against the Petitioners. Police are further directed not to 4 interfere in the custody of the child with Petitioner No.1, since it is protected by a judicial order. However, this order does not preclude the wife of Petitioner No.1 / mother of the child to work out her remedies before the Court of Law, where O.P.No.503 of 2023 is pending. 6. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. __________________________________ Dr.VENKATA JYOTHIRMAI PRATAPA, J Date: 21.02.2025 Dinesh 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.4676 of 2025 Dt.21.02.2025 Dinesh