IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.22086 of 2008 Between: Boppana Seshagiri Rao, S/o. late Subbarao, R/o. Bhatlapenumarru, Movva Mandal, Krishna District. ..... PETITIONER AND 1 Station House Officer, Kuchipudi Police Station, Kuchipudi, Krishna District. 2 The Circle Inspector of Police, Challapalli, Krishna District. 3 The Superintendent of Police, Krishna District at Machilipatnam. 4 Kodali Venkatadri Apparao, S/o. Radhakrishnayya, R/o. H.No. 54-19-7, Jai Prakashnagar, Vijayawada. 5 Smt. Kodali Lakshmi Nancharamma, W/o. Venkatadri Apparao, R/o. H.No. 54-19-7, Jai Prakash Nagar, Vijayawada. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate Writ, direction or order, more particularly the one in the nature of Writ of Mandamus declaring the action of the Respondents 1 and 2 in interfering with the civil dispute with the respondents 4 and 5 and threatening him and summoning him to their Police Station repeatedly and threatening to effect a compromise with the respondents 4 and 5 in O.S.No.169 of 2008 on the file of the Court of the Principal Junior Civil Judge, Avanigadda and in other suit, and summoning every day to their police station and making him to sit hours together there without registering any crime against him and without there being any cognizable offence alleged to have been committed by him, as illegal, arbitrary, unjust, malafide and against constitutional guarantees and to consequently direct the respondents 1 to 3 not to interfere with the civil dispute between him and the respondents 4 and 5 and not to call him to their police station. Counsel for the Petitioner: MR.K.SARVA BHOUMA RAO Counsel for the Respondents: GP FOR HOME The Court made the following: THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.22086 OF 2008 ORDER: This writ petition is filed questioning the action of the respondents 1 and 2, Station House Officer, Kuchipudi Police Station, Kuchipudi, and Circle Inspector of Police, Challapalli of Krishna District respectively, in interfering in civil disputes between the petitioner and respondents 4 and 5, at the instigation of respondent No.4, summoning the petitioner to police station repeatedly without any crime being registered against him and threatening him to enter into compromise with the respondents 4 and 5 in respect of the civil disputes pending before various Civil Courts. There is no necessity of going into all the details. It is suffice to notice the averments made in the counter-affidavit filed by the 2nd respondent- Circle Inspector of Police, Challapalli, Krishna District, wherein, while denying all the allegations made by the petitioner, it is stated that the 4th respondent has filed a petition on 27.09.2008 before the 2nd respondent stating that when he and his wife, the 5th respondent herein, were at their agricultural fields in R.S.No.521/1 and 533/2 of Bhatlapenamarru Village, in respect of which they obtained temporary injunction against the petitioner and three others, the petitioner along with the said three others, came there with sticks and knives and threatened them to go away from the lands and also warned them not to come to that lands or else they would kill them, and therefore the 4th respondent requested to provide protection to their lives. It is further stated that on perusal of the said petition and the injunction order filed along with the same, it was felt that the dispute between the 4th respondent and the petitioner and others named in the said petition is civil in nature and therefore no action was initiated thereon, but however, sensing that the 4th respondent approached the police and apprehending that police would take action by registering a case against the petitioner, the petitioner approached this Court as a precautionary measure. It is also categorically stated that no case is registered or pending against the petitioner on the file of the 1st and 2nd respondents, and the allegations of the 1st and 2nd respondents interfering in civil disputes between the petitioner and respondents 4 and 5, at the instigation of respondent No.4, summoning the petitioner to police station repeatedly without there being any crime registered against him and threatening him to compromise the civil disputes with the respondents 4 and 5, are all denied. In view of the above counter averments and in the facts and circumstances of the case, I deem it appropriate to direct the respondents 1 to 3 not to interfere in the civil disputes between the petitioner and the respondents 4 and 5 without following the due process of law. With the above direction, the writ petition is disposed of. No order as to costs. _________________ JUSTICE C.V. RAMULU 28th November, 2008 IBL