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2026 DAILYLAW 12129 (AP)

KOTA SUNIL KUMAR v. The State of Andhra Pradesh

WP/23603/2026 · 2026-09-30

Maheswara Rao Kuncheam

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

::1:: APHC010427662026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE 1st DAY OF OCTOBER 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 23603 OF 2026 Between: 1. KOTA SUNIL KUMAR, S/o. K. Purushotham,Aged about 31 years, Occ. Private employee R/o. D/o. 40-60- 267, NH-5, Near Anjaneya Swamy Temple, Kapparada, Visakhapatnam, Andhra Pradesh. - 530008. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravati, Guntur District 522503. 2. The Director General of Police, Andhra Pradesh Police Headquarters Mangalagiri, Guntur District, Andhra Pradesh. 522503. 3. The Commissioner of Police, Visakhapatnam City Police Commissionerate, Visakhapatnam, Andhra Pradesh. 530040. ::2:: 4. The Assistant Commissioner of Police, West Sub-Division, Visakhapatnam City, Visakhapatnam, Andhra Pradesh. 530040. 5. The Station House Officer, Gopalapatnam Police Station, Visakhapatnam, Andhra Pradesh. 530027. 6. The Station House Officer, Pendurthi Police Station, Visakhapatnam, Andhra Pradesh. 531173. 7. Mareyya SubInspector of Police, Gopalapatnam Police Station, Visakhapatnam, Andhra Pradesh. 530027. 8. Kesiboina Trinadh, S/o. Not Known, Aged about 45 years, R/o. Pedagadi Ramapuram Village, Pendurthi Mandal, Visakhapatnam District 531173. 9. Appikonda Nikhila Sai Devi, W/o. Kota Sunil Kumar, aged about No. 3-23/1, Peddagadi, Pendurty, Visakhapatnam. 531163. ...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 nature of Writ of Mandamus, declaring the action of respondent Nos.2 to 7 in repeatedly interfering with the purely matrimonial and civil dispute between the petitioner and respondent Nos.8 and 9, summoning the petitioner to the police stations, compelling him to settle the matrimonial dispute, threatening him with criminal prosecution, interfering with his lawful ::3:: business activities and acting at the instance of respondent Nos.8 and 9, as illegal, arbitrary, without jurisdiction, violative of Articles 14, 19(1 )(g) and 21 of the Constitution of India, and consequently direct respondent Nos.2 to 7 not to interfere with the civil and matrimonial disputes of the petitioner except by following due process of law and not to coerce or harass the petitioner without authority of law, IA NO: 1 OF 2026 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 direct respondent Nos.2 to 7 not to summon, harass, threaten or coerce the petitioner in connection with the matrimonial /financial dispute between the petitioner and respondent Nos.8 and 9 and not to interfere with the petitioner's lawful business activities except in accordance with due process of law, pending disposal of the Writ Petition, Counsel for the Petitioner: M. SAPTHAGIRI Counsel for the Respondents: GP FOR HOME The Court made the following order: ::4:: THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.23603 of 2026 The Court made the following Order: Instant Writ Petition under Article 226 of the Constitution of India, has been filed on behalf of petitioner for the following relief: “to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of respondent Nos.2 to 7 in repeatedly interfering with the purely matrimonial and civil dispute between the petitioner and respondent Nos.8 and 9, summoning the petitioner to the police stations, compelling him to settle the matrimonial dispute, threatening him with criminal prosecution, interfering with his lawful business activities and acting at the instance of respondent Nos.8 and 9, as illegal, arbitrary, without jurisdiction, violative of Articles 14, 19(1 )(g) and 21 of the Constitution of India, and consequently direct respondent Nos.2 to 7 not to interfere with the civil and matrimonial disputes of the petitioner except by following due process of law and not to coerce or harass the petitioner without authority of law” 2. Today, when the matter is taken up for hearing, learned Assistant Government Pleader for Home, on instructions, submits that the concerned police filed FIR in Crime No.228 of 2026 of Gopalapatnam Police Station, Visakhapatnam ::5:: Commissionerate District, against petitioner and also forwarded a copy of said FIR to learned counsel for petitioner. 3. At that juncture, learned counsel for petitioner fairly submits that in view of subsequent events and registration of FIR against petitioner, he seeks permission of this Court to withdraw present writ petition with liberty to work out his legal remedies in accordance with law. 4. Learned Assistant Government Pleader for Home has not objected to withdrawal of the present Writ Petition. 5. Permission is accorded. 6. Accordingly, this Writ Petition is dismissed as withdrawn, leaving it open to petitioner to work out his appropriate legal remedies in accordance with law, including challenging the FIR. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 01.10.2026 KRK ::6:: THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM 65 WRIT PETITION No.23603 of 2026 Date: 01.10.2026 KRK