Balcha Renuka Praneetha vs The State of Andhra Pradesh

APHC010024322023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWELFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 1264 OF 2023 Between: 1.

Balcha Renuka Praneetha, W/o.

Late Ananda Babu, aged about 39 years, presently residing at Ongole Town and Mandal, Prakasam District. ...Petitioner AND 1.

The State of Andhra Pradesh, Rep. by the PrI.Secretary, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur District.

2.

The Director General of Police, Andhra Pradesh Police Department, Mangalagiri, Guntur District.

3.

The Superintendent of Police, Ongole, Prakasam District.

4.

The Station House Officer, I Town Police Station, Ongole, Prakasam District.

5.

Venkateswara Rao, S/o.Not known to the petitioner, CI of Police, I Town Police Station, Ongole, Prakasam District. ...Respondents 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 topleased to issue a writ order or direction more particularly one in the nature of writ of MANDAMUS declaring the highhanded action of the respondent Nos- 4 and 5 in calling the petitioner to the police station, and harassing/threatening the petitioner to settle civil disputes between her family members, and to withdraw the cases I.e., 1.

DVC No.4 of 2023 on the file of II Addl.Munsif Magistrate, Ongole, 2.Bindover case Un-Numbered M.C.No. of 2022 dt- 22.08.2022, on the file of Mandai Executive Magistrate, Ongole, filed by the petitioner, and to declare the same as highly illegal, arbitrary, Misuse of Power, exercise of power without Jurisdiction, and also contrary to provisions and rules contained in Code of Criminal Procedure, and also opposed to the settled principles of law. es of law. and Consequently direct the 4th and 5th respondents not to harass, call and threaten the petitioner to settle civil disputes and withdraw the cases filed by the petitioner, in the interest of justice and pass IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the 4th and 5th respondents not to call the petitioner to the police station, to settle civil disputes and withdraw the cases filed by the petitioner pending disposal of the writ petition and pass Counsel for the Petitioner: RAVULA NAGARJUNA Counsel for the Respondents: GP FOR HOME The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 1264 OF 2023 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to to issue a writ order or direction more particularly one in the nature of writ of MANDAMUS declaring the highhanded action of the respondent Nos- 4 and 5 in calling the petitioner to the police station, and harassing/threatening the petitioner to settle civil disputes between her family members, and to withdraw the cases I.e., 1.

DVC No.4 of 2023 on the file of II Addl.Munsif Magistrate, Ongole, 2.Bindover case Un- Numbered M.C.No. of 2022 dt- 22.08.2022, on the file of Mandai Executive Magistrate, Ongole, filed by the petitioner, and to declare the same as highly illegal, arbitrary, Misuse of Power, exercise of power without Jurisdiction, and also contrary to provisions and rules contained in Code of Criminal Procedure, and also opposed to the settled principles of law. and Consequently direct the 4th and 5th respondents not to harass, call and threaten the petitioner to settle civil disputes and withdraw the cases filed by the petitioner, in the interest of justice and pass.…” 2. pass.…” 2.

Heard Sri Ravula Nagarjuna, learned counsel for the petitioner and Sri Ajay Babu, learned Assistant Government Pleader for Home for the respondents.

Learned counsel for the petitioner would submit that the police are interfering in the marital disputes of the petitioner, calling her to the police station and pressurizing her to settle the dispute with her family members by withdrawing D.V.C.

No.4 of 2023 pending on the file of the II Additional Munsif Magistrate, Ongole, and the bind over proceedings in unnumbered M.C.

No. of 2022 dated 22.08.2022 pending on the file of the Mandal Executive Magistrate, Ongole.

The learned Assistant Government Pleader for Home, on written instructions, would submit that the petitioner herself submitted a representation before the Superintendent of Police, Prakasam District, during the “Spandana Programme”, which was forwarded to the concerned Station House Officer.

In that connection, the police called the petitioner for enquiry.

It is further submitted that the police have never insisted upon the petitioner to withdraw the D.V.C. or the M.C. cases and that both parties were only advised to work out their remedies before the competent courts where their respective cases are pending.

Learned counsel for the petitioner submits that, recording the above submissions, the writ petition may be disposed of.

6.

Recording the submissions of both sides, the Writ Petition is disposed of.

However, the respondent police are directed not to interfere in the civil dispute between the parties, except under due process of law.

As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _____________________ Dr.

JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 12.12.2025.

KKV THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 188 WRIT PETITION NO:1264 of 2023 Dated 12.12.2025 KKV HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: W.P.No.1264 of 2023 PROCEEDING SHEET Sl.

No.

ET Sl.

Date ORDER OFFICE NOTE 2.

12.12.2025 Dr.VJP,J The Writ Petition is disposed of. (Vide separate order) ________ Dr.VJP, J KKV