APHC010425402023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21912/2023 Between: 1. RAJULAPUDI ARUDRA, W/O BHUVANESHWAR, AGE. 50 YRS, R/O D.NO.1-220/14, RAYUDUPALEM, KAKINADA, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH, MANGALAGIRI 3. THE SUPERINTENDENT OF POLICE, KAKINADA DISTRICT AT KAKINADA. 4. THE COMMISSIONER OF POLICE, VISAKHAPATNAM CITY, VISAKHAPATNAM. 5. SRI AMBICA PRASAD, DEPUTY SUPERINTENDENT OF POLICE, KAKINADA, KAKINADA DISTRICT. 6. SRI MURALI KRISHNA, DEPUTY SUPERINTENDENT OF POLICE, KAKINADA, KAKINADA DISTRICT. 7. SRI MURALI MOHAN, DEPUTY SUPERINTENDENT OF POLICE, KAKINADA, KAKINADA DISTRICT. 8. SRI KISHORE BABU, CIRCLE INSPECTOR OF POLICE, TUNI RURAL POLICE STATION, TUNI. 9. SRI SHOBHAN KUMAR, SUB INSPECTOR OF POLICE, ANNAVARAM POLICE STATION, ANNAVARAM. 10. MERAPALA KANNAYYA, S/O APPANNA, POLICE CONSTABLE, R/O B.C.COLONY, ANNAVARAM, EAST GODAVARI (KAKINADA) DIST., 11. MERAPALA SHIVA, S/O APPANNA POLICE CONSTABLE, R/O B.C.COLONY. ANNAVARAM, EAST GODAVARI (KAKINADA) DIST., ...RESPONDENT(S): 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 highhanded and illegal action on the part of the respondents particularly the respondents 3 to 11 in interfering with the personal liberty of the petitioner and her family members without even considering the disability of her daughter by misusing their official capacity, in giving life threats to her and her family members to settle the dispute with the respondents 10 and 11 / Police Constables in admitting the petitioner and her daughter in Mental Hospital, Visakhapatnam and in not allowing them to reside in their own house situated in D.No.1-220/14, Rayudupalem, Kakinada as illegal, arbitrary, unjust, discriminatory, without jurisdiction and also in violation of the principles of Natural Justice besides violation of Constitutional Guarantees and to consequently direct the respondents particularly the respondents 3 to 11 not to interfere with the personal liberty of the petitioner and her family members by misusing their official capacity, not to threaten the petitioner and her family members to settle the dispute with the respondents 10 and 11 and to give protection to them and to pass Counsel for the Petitioner: 1. K JYOTHI PRASAD Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21912 of 2023 ORDER: 1. This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue an appropriate writ, order or direction more particularly one in the nature of writ of MANDAMUS declaring the highhanded and illegal action on the part of the respondents particularly the respondents 3 to 11 in interfering with the personal liberty of the petitioner and her family members without even considering the disability of her daughter by misusing their official capacity, in giving life threats to her and her family members to settle the dispute with the respondents 10 and 11 / Police Constables in admitting the petitioner and her daughter in Mental Hospital, Visakhapatnam and in not allowing them to reside in their own house situated in D.No.1-220/14, Rayudupalem, Kakinada as illegal, arbitrary, unjust, discriminatory, without jurisdiction and also in violation of the principles of Natural Justice besides violation of Constitutional Guarantees and to consequently direct the respondents particularly the respondents 3 to 11 not to interfere with the personal liberty of the petitioner and her family members by misusing their official capacity, not to threaten the petitioner and her family members to settle the dispute with the respondents 10 and 11 and to give protection to them.” 2. Heard Sri. K. Jyothi Prasad, learned counsel for petitioner and the learned Assistant Government Pleader for Home for respondents. 3. Learned counsel for petitioner would submit that respondent nos.3 to 11 are harassing the petitioner and her daughter and interfering in the civil dispute between the petitioner and the respondents no.11 and to threatening the petitioner to settle the dispute with the respondent no.10 and 11 who are Police Constables threatening the petition to sell their property at a cheap rate. The learned counsel for the petitioner further submits that the respondent police are insisting the petitioner to settle the dispute as per the terms offered by the respondent no.10 and 11. 4. Learned Assistant Government Pleader for Home for respondents, on instructions, would submit that the petitioner herein attempted to commit suicide, on the same ground, the security personal of the Chief Minister not allowed the petitioner to meet the Chief Minister at his Camp Office. When the petitioner herein sat on hunger strike, on the instruction of Mandal Executive Magistrate, a team of medical officers visited the place of hunger strike and on examination medical team suggested the police to shift the petitioner to Government Hospital as her health is deteriorating. The petitioner, after admitting at the Government Hospital, tried to commit suicide. On the complaint made by the Mandal Executive Magistrate, Kakinada Urban regarding the petitioner’s attempt to commit suicide, a case in Cr.No.80 of 2023 was registered u/s 309 r/w 34 IPC. 5. Considering the submissions made, the writ petition is disposed of directing the respondents not to interfere with the personal liberty of the petitioner and her daughter, except under due process of law. No order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 06.01.2026 ARB/JAK THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 344 WRIT PETITION NO: 21912 of 2023 Date: 06.01.2026 ARB/JAK