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2025 Supreme(Online)(AP) 13386

HIGH COURT OF ANDHRA PRADESH
VENKATA JYOTHIRMAI PRATAPA, J
BALINA NAGAMANI & Others – Appellant
Versus
THE STATE OF ANDHRA PRADESH & Others – Respondent
Writ Petition NO: 21737 OF 2025



Advocates:
For the Appellants/Petitioners: PALA KARTHI KIRAN
For the Respondents: GP FOR HOME

Police authority in civil matters is limited; they cannot unduly interfere in civil disputes unless justified.

Headnote:(A) Constitution of India - Articles 14, 21, and 300-A - Writ of Mandamus - Petitioners alleged unlawful interference by police in civil dispute concerning property - Respondents directed to refrain from obstructing petitioners' rights pending civil proceedings. (Paras 1-5)

(B) Police Power - Investigative authority limited to criminal matters, should not interfere unduly in civil disputes unless warranted by law. (Para 3)

Facts of the case:
The petitioners claimed unlawful acts by police under the influence of an unofficial respondent, which they asserted infringed their rights over shared agricultural property.

Findings of Court:
The court directed the police to avoid interference in the civil matter while acknowledging the complexity of the case due to registered criminal proceedings.

Issues: The core issue revolved around police interference in a civil dispute and the validity of their actions regarding the reported criminal case.

Ratio Decidendi: The court emphasized that police authority must adhere strictly to legal parameters and must not obstruct civilian rights especially in ongoing civil matters.

Result: Writ Petition disposed of with a directive for police conduct.

Table of Content
1. arguments made regarding civil rights and police conduct. (Para 2 , 3)
2. court established parameters for police authority in civil matters. (Para 4)
3. outcome directed police to refrain from undue interference. (Para 5)

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21737 OF 2025 ORDER:

This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:

“…pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondents, particularly Respondent No. 6 and his subordinates at the instance of Respondent No. 8, in interfering with Petitioners personal liberty and insisting them to handover their agricultural landed property admeasuring Ac. 1.17 Cents (1/5th Shares each) covered by Sy. No.336 of Ravikampadu Revenue Village, Kamavarapukota Mandal of Eluru District, Erstwhile West Godavari District to the Respondent, as illegal, irregular, irrational, without any authority or sanction of law and violative of Articles 14, 21 and 300- Aof the Constitution of India and consequently direct the 8th Respondents particularly 6th Respondent and his subordinates not to interfere in any manner with Petitioners possession over their said property and pass …”

2. Heard Sri Mr.Pala Karthi Kiran, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents.

3. Learned counsel for the petitioner would submit that though a crime has been registered against the petitioner, under the guise of investigation the police are calling the petitioner to the police station and interfering in the civil dispute, insisting that the petitioner to withdraw the civil suit.

4. Learned Assistant Government Pleader for Home, on written instructions, would submit that there is a civil dispute between the petitioner and the unofficial respondent. In respect of the same, on 19.07.2025, the police received a Hospital Intimation of V.Prasad and B.Nagamani. Basing on the same, the respondent-police recorded the statement of V.Prasad and registered a case in Cr.No.178 of 2025 for the offence punishable U/Section 329 (3), 324(4), 118 (1) r/w 3(5) of BNS dated 24.07.2025 registered against the accused Nos.1 to 9. The investigation is in progress and some more witnesses are yet to be examined. It is further submitted that respondent police have never interfered into the civil disputes of the petitioners, and the crime was registered only basing on the MLC intimation.

4. Learned counsel for the petitioner would submit that recording the same, the petition may be disposed of.

5. Recording the above said submissions, the Writ Petition is disposed of. However, the respondent-police are directed not to call the petitioner to the police station to insist him for withdrawal of the civil case. The police are further directed to follow the due process of law to call the petitioner to the police station relating to the crime registered. There shall be no order as to costs.

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