Extracted from the PDF above. The PDF is authoritative.
ORDER:
The Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief:
“to declare the action of the 4th respondent, in interfering with the alleged Civil disputes between the pettioners and the 5th respondent, as illegal, arbitrary, violative of Principles of Natural Justice and Article 14,19& 21 of the Constitution of India, and consequently direct the 4th respondent not to call the petitioners to the Police Station, wthout there being any crime, during the pendency of the writ petition, in the interest of justice.”
2. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Home.
3.
Learned counsel for the petitioners would submit that the 4threspondent is unnecessarily calling the petitioners to the police station at the behest of the 5th respondent, without there being any basis or registration of any crime, and that the dispute between the parties is purely civil in nature.
4. On the other hand, the learned Assistant Government Pleader for Home, on written instructions, would submit that the 5threspondent presented a complaint before the Station House Officer on 21.12.2025. Upon perusal of the contents of the complaint and the supporting material, the Station House Officer addressed a letter to the Assistant Commissioner of Police, South Sub- Division, Visakhapatnam, seeking issuance of further proceedings under Section 173(3) of the BharatiyaNagarikSurakshaSanhita, 2023, for conducting a preliminary enquiry. During the preliminary enquiry, it was observed that a
cognizable offence was disclosed, and the police are in the process of taking appropriate action in accordance with law.
5. Be that as it may, if there is a civil dispute pending between the petitioners and the 5threspondent, the police shall not interfere in such civil disputes. However, if the complaint lodged by the 5threspondent discloses the commission of any cognizable offence, the police is empowered to take appropriate action strictly in accordance with the procedure contemplated under law.
6. With the above observations, the 4th respondent is directed not to interfere in the civil disputes between the petitioners and the 5threspondent. However, it is made clear that the 4th respondent is at liberty to proceed in accordance with law on the complaint, if any, lodged by the 5threspondent.
Accordingly, the writ petition is disposed of. There shall be no order as to costs. _______________________________ DR JUSTICE Y. LAKSHMANA RAO Date 31.01.2026 KKV