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2026 DAILYLAW 10681 (AP)

MADGULA SURESH v. The State of Andhra Pradesh

WP/24315/2026 · 2026-09-09

Maheswara Rao Kuncheam

body2026

Judgment text

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APHC010443032026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE 10th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 24315 OF 2026 Between: 1. MADGULA SURESH, S/o Johan, aged about 43 years, Occ - Business, R/o D.No.8-91, Near Fire Station, Jaggayyapeta Town, N.T.R District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat Building, Secretariat, Velagaputi, Amaravati, Guntur District.- 522237 2. The Assistant Commissioner of Police, Nanidgama Circle, N.T.R. District. -521185 3. The Station House officer, Jaggayyapeta Circle, N.T.R. District. - 521175 4. The Sub Inspector of Police, Jaggayyapeta Police Station, N.T.R. District. 5. Gurugupalli Rama Rao, Aged about 52 years, Nasik Bazar, Kanakadurga temple bazar, Jaggayapeta, NTR Zilla, A.P - 521175 ...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 issue an appropriate writ, order, or direction, more particularly one in the specific nature of a Writ of 2 Mandamus. The petitioner humbly prays that such a writ be issued, declaring the high-handed, unauthorized, and vindictive action of the Respondent Nos. 3 and 4 in unlawfully interfering into the peaceful life and personal liberty of the petitioner, forcefully and repeatedly calling the petitioner to the police station, and continuously threatening the petitioner with dire consequences without having any valid legal jurisdiction or authority, by illegally colluding and conspiring with the Respondent No. 5, as being highly illegal, completely arbitrary, entirely unconstitutional, and in direct violation of the fundamental rights guaranteed under Articles 14, 19, and 21 of the Constitution of India. Consequently, the petitioner prays that this Hon'ble Court may be pleased to issue a strict direction to the Respondent Nos. 3 and 4, unequivocally restraining them and directing them not to interfere in any manner into the peaceful life and personal liberty of the petitioner, and furthe instructing them not to call the petitioner to the police station under any false pretext, not to illegally detain him, harass him, or threaten him without having any competent jurisdiction, by acting in collusion with the Respondent No. 5, and to pass such other further order or orders, or grant such additional relief, as this Hon'ble Court may deem strictly fit, just, and proper in the overall facts and circumstances of the present case Counsel for the Petitioner: SRIDEVI GANTA Counsel for the Respondents: GP FOR HOME Counsel for the Respondents: VELADI SAI SRI HARSHA 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 24315 of 2026 The Court made the following Order: Instant Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief: “to issue a Writ of Mandamus or any other appropriate writ, order or direction, more particularly one in the nature of Mandamus declaring the high-handed, unauthorized, and vindictive action of the Respondent Nos. 3 and 4 in unlawfully interfering into the peaceful life and personal liberty of the petitioner, forcefully and repeatedly calling the petitioner to the police station, and continuously threatening the petitioner with dire consequences without having any valid legal jurisdiction or authority, by illegally colluding and conspiring with the Respondent No. 5, as being highly illegal, completely arbitrary, entirely unconstitutional, and in direct violation of the fundamental rights guaranteed under Articles 14, 19, and 21 of the Constitution of India. Consequently, the petitioner prays that this Hon'ble Court may be pleased to issue a strict direction to the Respondent Nos. 3 and 4, unequivocally restraining them and directing them not to interfere in any manner into the peaceful life and personal liberty of the petitioner, and furthe instructing them not to call the petitioner to the police station under any false pretext, not to illegally detain him, harass him, or threaten him without 4 having any competent jurisdiction, by acting in collusion with the Respondent No. 5 and to pass”. 2. Learned counsel for the petitioner submits that pursuant to the Order dated 31.08.2026, he has taken notice on respondent No.5 and filed a memo of proof of service to that effect. Despite the same, none represented respondent No.2. 3. On the other hand, learned Assistant Government Pleader on instructions, submits that respondent-police are not interfering with the personal life and liberty of the parties. 4. Heard. Perused the entire available material on record. 5. Accordingly, the Writ Petition is disposed of, directing the respondent-police not to interfere in the civil disputes between the parties, except under due process of law. No order as to costs. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 10.09.2026 PSA 5 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 24315 of 2026 Date: 10.09.2026 PSA