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2026 DAILYLAW 22363 (AP)

SHAIK LATHIF v. THE STATE OF AP

WP/18153/2024 · 2026-01-04

Venkata Jyothirmai Pratapa

body2026

Judgment text

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APHC010356992024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18153/2024 Between: 1. SHAIK LATHIF, S/O SHAIK KASIM, AGED 43 YRS , R/AT 10-105/B VISALAKSHINAGAR VISAKHAPATNAM. ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY (HOME) SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE COMMISIONER OF POLICE, VISAKHAPATNAM CITY. 3. THE STATION HOUSE OFFICER, PENDURTHI POLICE STATION, PENDURTHI VISAKHAPATNAM. 4. BALIREDDY VENKATA RAMANA, . S/O(LATE) BALIREDDY APPARAO, AGED MAJOR, D.NO.7-135/2/1 CHINAMUSHIDIVADA VILLAGE , PENDURTHY MANDAL, PENDURTHY VISAKHAPATNAM. 5. DANDAMENU RUPESH KUMAR, S/O DANDUMERU SURYANARAYANA , AGED 40 YRS R/AT 2-2-2/1 DEVANGULA STREET, AMALAPURAM EAST GODAVARI DISTRICT -533201 ...RESPONDENT(S): Counsel for the Petitioner: 1. RAVURI LEELA SAI SAMPATH Counsel for the Respondent(S): 2 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18153/2024 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “…to Issue a Writ or Order or Direction more particularly one in the Nature of a Writ of Mandamus declaring the action of the respondents particularly the 3rd Respondent harassing the Petitioner one way or another on the Complaint of the Un- official Respondent No.4 in connection with the Civil Dispute Property i.e., an extent of Ac 6-52 cents in S.No. 172 of Pulaganipalem Village, within the Limits of G.V.M.C.,, on that the 3rd respondent without conducting any preliminary enquiry, even without any cognizable offence continuously calling the Petitioner to Attend before the 3rd Respondent Pendurthy Police Station to Settle the issue with the un-official respondent by registering the property ,even though there is no Registration of F.I.R., all are illegal, unlawful. Violation of Article 14, 19, 21 of the Constitution of India, violation of principles of natural justice, violation of rulings of apex court before taking any coercive Steps action Consequently to direct the 3rd Respondent not to harass or call the Petitioner to the Pendurthi Police Station without being any registration of an F.I.R., except by Strictly following the Guidelines of Apex Court in the interest of the justice.…” 2. None represented on behalf of the petitioner. The present petition was filed questioning the action of the respondent-police in calling the petitioner to the police station without there being any crime registered against him. 3. Sri P.Ajay Babu, learned Assistant Government Pleader for Home, on written instructions, would submit that basing on the complaint of the 4th respondent to the Superintendent of Police, through PGRS, the petitioner was called to the police station for preliminary enquiry and no crime has been 4 registered against the petitioner. He would further submit that the police are not interfering in the civil disputes between the parties. 4. Recording the same, this Writ Petition is disposed of. However, the respondent-police are directed not to interfere in the civil disputes between the parties, except under due process of law. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 05.01.2026. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18153/2024 Dated.05.01.2026 UPS