B Parthasarathy Reddy, v. The State of Andhra Pradesh,
WP/5167/2025 · 2025-03-04
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8934 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8934 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 5167 OF 2025 Between: B Parthasarathy Reddy, S/o. B Adinarayana Reddy, aged about 51 years R/o. Vennapoosapalli Village, Yellanur Mandal, Ananthapuramu District, A.P. ...Petitioner AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravati. 2. The Superintendent of Police, Ananthapuramu District, Andhra Pradesh. 3. The Deputy Superintendent of Police Ananthapuramu District, Andhra Pradesh. Rapthadu Division,
4. The Station House Officer, Ananthapuramu District, Andhra Pradesh. Yellanur Police Station, Yellanur,
5. P.Narayana Reddy, S/o not known. Assistant Sub-Inspector of Police, Yellanur Police Station, Yellanur, Ananthapuramu District, Andhra Pradesh. 6. B Krishna Kumari, W/o Late B Nageswar Reddy, aged about 41 years, R/o Vennapoosapalli Village, Yellanur Mandal, Ananthapuramu District, A.P. ...Respondents
f Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may to issue any writ, order or Direction more particularly one in the writ of Mandamus declaring the action of the 3rd and 5th hatu r^pqndfnts herein in interfering with the Civil disputes in between the Petitioner and 6th Respondent herein under the guise of Cr. No. 13/2025 registered by the 4th Respondent Police Station at the instance of 6th Respondent is illegal, arbitrary and violative of principles of natural justice and consequently direct the 3rd and 5th respondents not to interfere with the Civil disputes in between the petitioner and 6th respondent lA 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 to direct the 3rd and 5th respondents herein not to call the Petitioner to the Police Station under guise of Cr.
No. 13/2025 which is registered by 4th Respondent without notice pending disposal of the above Writ Petition in the interest of justice Counsel for the Petitioner: SRI G V S MEHAR KUMAR Counsel for the Respondents No.1 to 5: GP FOR HOME Counsel for the Respondents No.6: None Appeared The Court made the following: Order
APHC010097652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No:5167 OF 2025 Between: B Parthasarathy Reddy, ...PETITIONER AND The State of Andhra Pradesh and Others ...RESPONDENTS Counsel for the Petitioner: 1.Sri G.V.S.Mehar Kumar Counsel for the Respondents: 1.Ld. Govt. Pleader for Home The Court made the following order:
1. The petitioner is challenging the action of respondents 3 to 5 in interfering with the civil disputes between the petitioner and the 6“^ respondent. 2. Heard the
learned counsel for the petitioner and the learned Assistant Government Pleader for Home appearing for respondents 1 to
5. None appeared for respondent No.6. -2- W.P. No.5167 of 2025 th
3. The learned counsel for the petitioner submits that the 6 respondent has filed a complaint before the Yellanur Police Station, Ananthapuram District, and the police registered the same as a case in Cr. No. 13 of 2025 for the alleged offences under sections 329(3), 329(4), 324(4) read with section 3(5) of B.N.S.
4. The learned counsel for the petitioner submits that the th police, under the guise of the complaint lodged by the 6 respondent, are repeatedly calling the petitioner to the police station. It is also submitted that the 6'^ respondent is the wife of the petitioner’s brother and that after the demise of the petitioner's brother, the 6*'' respondent was permitted to stay in the house purchased by the petitioner. However, the 6*^ respondent has resorted to file O.S. No.29 of 2025 on the file of Junior Civil Judge, Tadipatri th seeking the relief of permanent injunction. The 6 respondent has now filed a complaint alleging that the petitioner has trespassed into the property where she is living. The learned counsel also submits that the property belongs to the petitioner and that there cannot be any case of trespass into the property own by the petitioner. -3- W.P. No.5167 of 2025
5. The learned Assistant Government Pleader for Home appearing for respondents 1 to 4 states that there are admittedly civil disputes pending between the petitioner and the 6*^ respondent and that Cr.No.13 of 2025 was th registered only after receipt of the complaint from the 6 respondent. That apart, it is submitted that there is a rowdy sheet pending against the petitioner bearing No.161. It is submitted that the petitioner was summoned to the police station only for investigation purposes in connection with crime No. 13 of 2025. 6. Considering the submissions of the learned counsel for the petitioner and the learned Assistant Government Pleader, the Station House Officer, Yellanur Police Station, Yellanur, who is the 4”^ respondent herein, shall follow the procedure as contemplated under Section 35 of B.N.S.S.
7. With these observations, the writ petition is disposed off. No costs. 8. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
Sd/- K TATA RAO DEPUTY^GISTRAR SECTION OFFICER //truecopy// To, The Principal Secretary, State of Andhra Pradesh, Home Department Secretariat, Velagapudi, Amaravati. 1. District, Andhra Superintendent of Police, Ananthapuramu
2. The Pradesb. w p
3. The Deputy Superintendent of Police, Rapthadu Division, Ananthapuramu District, Andhra Pradesh. The Station House Officer, Yellanur Police Station, Yellanur Ananthapuramu District, Andhra Pradesh. One CC to SRI G V S MEHAR KUMAR Advocate [OPUC] Two CCs to GP FOR HOME, High Court of Andhra Pradesh [OUT] Three CD Copies
4. 5. 6. 7. gsg
HIGH COURT DATED: 04/03/2025
ORDER WP.No.5167 of 2025 1 7 MAR 2075 m *»/ . Current ^wcuoii ^,5'FSPATCV^^^<^ DISPOSING THE WP WITHOUT COSTS