APHC010589392022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3604] TUESDAY, THE 18th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SMT JUSTICE SUNITHA GANDHAM WRIT PETITION NO: 35570/2022 Between: 1. CHODAVARAPU DOONDI LAKSHMI, W/O ( L) SANTOSH KUMAR AGED 22 YRS, D.NO.16-8-2/2 OFFICIAL COLONY, 3RD LANE COLLECTOR OFFICE, VISAKHAPATNAM. 2. JAMPA PRABHAVATHI, W/O KANNA RAO, AGED 45 YRS D.NO.16-8- 2/2 , OFFICIAL COLONY VISAKHAPATNAM. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY (HOME) SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE STATION HOUSE OFFICER, I TOWN POLICE STATION, VISAKHAPATNAM CITY. 3. THE MANDAL EXECUTIVE MAGISTRATE, MANDAL EXECUTIVE MAGISTRATE OFFICE MAHARANIPTA MANDAL, VISAKHAPATNAM CITY. 4. MATERU JAYA, D/O SANYASI RAO, AGED 68 YRS, NEAR COLLECTOR OFFICE JUNCTION OFFICIAL COLONY, VISAKHAPATNAM CITY. ...RESPONDENT(S): 2 SUN, J WP_35570_2022 Counsel for the Petitioner(S): R SIVA SAI SWARUP Counsel for the Respondent(S): 1. GP FOR HOME 2. SREEMANNARAYANA VATTIKUTI The Court made the following: 3 SUN, J WP_35570_2022 THE HONOURABLE SMT JUSTICE SUNITHA GANDHAM WRIT PETITION NO: 35570 OF 2022 ORDER: This writ petition is filed to declare the action of the respondent No.2 police in giving complaint to the respondent No.3 Executive Magistrate and issuing summons by the respondent No.3 to the petitioners in M.C.No.103/2022 dated 04.10.2022 under Section 145 of the Criminal Procedure Code (hereinafter referred to as ‘Cr.P.C.’), as illegal and consequently, to set aside the same. 2. The case of the petitioners is that previously, in view of the matrimonial disputes, when mother-in-law of the petitioner No.1 tried to evict her with the help of police, petitioner No.1 filed W.P. No.32357 of 2022 questioning the interference of the police in private and civil dispute and having considered the submissions of the petitioner No.1, this Court passed an interim order on 30.09.2022 directing the police not to involve in the civil disputes. Suppressing the said interim order, respondent No.2 police gave report to respondent No.3/ Mandal Executive Officer and consequently, respondent No.3 issued summons dated 04.10.2022 in M.C. No.103 of 2022 directing both parties to appear on 14.10.2022. 4 SUN, J WP_35570_2022 3. Learned Assistant Government Pleader for Home submitted that the notice was issued in the year 2022 and already six months period is elapsed and as such, this writ petition may be dismissed as infructuous. 4. As rightly argued by the learned counsel for both parties, the executive magistrate has to complete enquiry in the proceedings under Section 145 Cr.P.C within a period of six months and the notice was issued on 04.10.2022 i.e., nearly prior to four years and as such, there is no question of conducting enquiry in pursuance of that notice. 5. Learned counsel for both parties further would submit that civil disputes are pending between the petitioner and unofficial respondents, they have already approached the civil court and therefore, this writ petition has become infructuous. 6. Recorded the submissions of both the counsel. So, without touching the merits of the case, this writ petition is dismissed as infrucutous. There shall be no order as to costs. As a sequel thereto, pending miscellaneous petitions, if any, shall stand closed. ___________________ SUNITHA GANDHAM,J Date: 18.08.2026 SSA/knl