IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY THURSDAY, THE 24TH DAY OF APRIL, TWO THOUSAND EIGHT ONLY WRIT PETITION No.8367 of 2008 Between: B.Phani Kumar … Petitioner And The Government of Andhra Pradesh, Reptd., by its District Superintendent of Police, Krishna District, Machilipatnam and two others. … Respondents Counsel for the petitioner: Sri Krishna Mohan Sikharam Counsel for the respondents: AGP for Home for R.1 and R.2. This Court made the following: ORDER: This Writ Petition is filed for a Writ of Mandamus to declare the action of respondents 1 and 2 in calling the petitioner to Police Station without any complaint against him or his father, as illegal and arbitrary. The averments contained in the affidavit filed in support of the Writ Petition show that matrimonial disputes exist between the petitioner and respondent No.3, who are husband and wife respectively; that respondent No.3 lodged a complaint against the petitioner for the offence punishable under Section 498- A IPC, which was registered as a crime and the same is now pending trial as C.C.No.146 of 2004; that the petitioner filed O.S. No.555 of 2006 on the file of the Senior Civil Judge, Machilipatnam, Krishna District, to declare the petitioner’s marriage with respondent No.3 as null and void; and that at the instance of the petitioner, this Court stayed the trial of the said criminal case pending disposal of the above mentioned civil suit. The case of the petitioner is that the trial in the said suit has been completed and judgment is reserved, and anticipating a negative verdict, respondent No.3 approached respondent No.1 to force the petitioner to return various gold ornaments said to have been received by the petitioner from the parents of respondent No.3. The petitioner complained that respondent No.2, at the instance of the father of respondent No.3, has been persistently harassing him and his family members by insisting that they should return the above-mentioned ornaments to respondent No.3. Respondent No.2 has not filed any counter- affidavit. The learned Assistant Government Pleader for Home, on instructions, submitted that respondent No.2 has not been interfering with the matrimonial dispute between the petitioner and respondent No.3 and that he is not insisting the petitioner to return any of the ornaments being claimed by respondent No.3. This statement of the learned Assistant Government Pleader is placed on record and respondent No.2 is hereby restrained from interfering in the matrimonial dispute between the petitioner and respondent No.3. If, he indulges in such an act in future, liberty is given to the petitioner to approach this Court as well as the A.P. State Human Rights Commission, for appropriate action against respondent No.2. Subject to the above directions, the Writ Petition is disposed of. -------------------------------------- C.V.NAGARJUNA REDDY,J 24-4-2008 MNR