APHC010675462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 34743/2025 Between: 1.SMT. NERELLA SURYAKALA, W/O LATE NERELLA APPALA SWAMY, AGED 68 YEARS R/O AT D. NO. 3-6-3 AND 4 CINIMA ROAD, TUNI, KAKINADA DIST. 2.SRI NERELLA RAM KUMAR, S/O LATE NERELLA APPALA SWAMY, HINDU AGED 47 YEARS, RESIDING AT FLAT NO. 501 SWARNA PLAZA, DHARAM KARAM ROAD, AMEERPET, HYDERABAD-500 016 3.SMT. KAMANA UMA DEVI,, W/O KAMANA SRINIVASA RAO, D/O LATE NERELLA APPALA SWAMY, HINDU, AGED 48 YEARS RESIDING AT H.NO. 58-22-35/11, SATYARAJ RESIDENCY, BUTCHIRAJUPALEM, GOPALAPATNAM, VISAKHAPATNAM-530 027. ...PETITIONER(S) AND 1.STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DIST. 2.THE DIRECTOR GENERAL OF POLICE DGP, ANDHRA PRADESH, MANGALAGIRI, GUNTUR DIST. 3.THE SUPERINTENDENT OF POLICE, KAKINADA, KAKINADA DIST. 4.THE CIRCLE INSPECTOR OF POLICE, TUNI TOWN POLICE STATION, TUNI, KAKINADA DIST. 5.SRI NERELLA APPARAO ALIAS NANAJI, S/O LATE NERELLA SRIRAMULU, HINDU, AGED 58 YEARS R/O DOOR NO. 3-2-1/1, 2 CINEMA ROAD, TUNI-533401, E.G. DIST ...RESPONDENT(S): Counsel for the Petitioner(S): 1.Ms NAGA SWETHA ATTILI Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following: ORDER: The Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief: “… to issue an appropriate Writ Order or Direction more particularly one in the nature of Writ of Mandamus restraining the Respondent Nos 1 to 4 from interfering in any manner with the possession and enjoyment of the Petitioners over the schedule properties as detailed in the pending O S No 35/2022 before the Xllth Additional District Judge Visakhapatnam or from taking any coercive action against the Petitioners in relation to the said civil dispute pending disposal of the suit and the connected writ petitions W P Nos 7172/2025 5716/2025 and 5723/2025 pending further orders of this Honble Court…” 2. Heard the learned Counsel for the Petitioners and the learned Assistant Public Prosecutor. 3. Learned Counsel for the Petitioners submits that the Police have been unnecessarily calling Petitioners to the police station and pressurising them to compromise the suit pending in O.S.No.35/2022 on the file of learned XII Additional District Judge, Visakhapatnam. 4. Per Contra, Sri P.Ajay Babu, learned Assistant Government Pleader submits that Respondent No.5 has submitted a complaint to the police, who have registered the same as a case in Cr.No.225/2025 and police tried to serve notice contemplated under Section 35(3) of ‘the BNSS’ except for that 3 purpose the Petitioners were not called to the police station unnecessarily without there being any basis. 5. Considering the facts and circumstances of the case, recording the submission of the learned Assistant Government Pleader, the Writ Petition is disposed of, directing the Respondent/Police not to interfere further in the civil dispute. However, it is made clear that the Investigating Officer/Police is at liberty to proceed in accordance with law with regard to the investigation in the above crime and the Petitioners are directed to cooperate with the Investigating Officer. Investigating Officer is further directed to comply with Section 35(3) of ‘the BNSS’, since the alleged offences are punishable below seven years in view of the judgments of the Hon’ble Apex Court in Practical Solutions Inc. v. State of Telangana1, Satender Kumar Antil v. Central Bureau of Investigation2, Arnesh Kumar v. State of Bihar3, Md.Asfak Alam v. the State of Jharkhand4. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 23.02.2026 VTS 1 Criminal Appeal No.353 of 2026 2 Special Leave Petition (Crl.) No.5191 of 2021, dated 15.01.2026 3(2014) 8 SCC 273 4 (2023) 8 SCC 632 4