(Prayer: 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 toFor the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon'ble Court may be pleased to pass an Order to Issue a Writ or Order or Direction more particularly in the nature of a writ of mandamus declaring the action of the Respondent Police particularly R-3 Calling the petitioner to the Police Station Continuously on that harassing one way or another , even though there is no Crime or what so ever prima fade except to made pressures on the petitioner to Settle the Monetary disputes (Civil) with the Un-offiiclal Respondents in relation to the promissory note etc., on failure to settle , pressurising , that they will register a case all are unlawful, illegal, in violatoin of the procedure , violation of principles of natural justice, violatoin of Article 14,19,21 of the Constitution of India Consequently to direct the respondent police not to interfere into the civil monetary disputes in between the petitoiner and un official respondent in the interest of the justice. and to pass

IA NO: 1 OF 2022

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 For the reasons stated in the affidavit filed in support of the above Writ Petition it is hereby prayed that this Hon'ble Court May be pleased to pass an Order to Direct the 3rd Respondent Police not to interfere into the petitioner personal liberty including calling to the police station in connection with the monetary civil disputes between the petitioner and un official respondents even without registration of any Crime or what so ever pending disposal of the main Writ Petition in the interest of the justice and to pass)

1. This writ petition is filed to declare the action of the respondent No.3 police in repeatedly calling the petitioner to the Police Station and thereby harassing him one way or another, even though there is no crime whatsoever, prima facie, except to put pressure on the petitioner to settle the monetary disputes (civil) with the unofficial respondents in respect of the promissory note, etc., and on failure to settle the same, pressurizing him by stating that they will register a case, as unlawful, illegal, and in violation of the procedure established by law.

2. Case of the petitioner is, she is a business woman and doing business under the name and style of Kasi Sea Foods business and previously one Sri Appala Kondayya worked in her shop and at that time, his children i.e. respondent Nos.4 & 5 advanced some amounts to the petitioner and obtained promissory notes. Thereafter, disputes arose in respect of rate of interest and respondent Nos.4 & 5 made pressures on the petitioner and demanded to pay abnormal amounts and they also approached respondent No.3 i.e. Sub Inspector of Police, influenced him and thereupon, respondent No.3 continuously called the petitioner to the Police Station, sending his police men to her shop and insisting to settle the disputes by paying amounts to the respondent Nos.4 & 5. So far, no case is registered against the petitioner and respondent No.3 is involving in the civil dispute and insisting her to pay amounts by supporting respondent Nos.4 & 5.

3. Learned Assistant Government Pleader filed written instructions of respondent No.3 and in which, Sub Inspector of Police, P.M. Palem Police Station, Visakhapatnam clearly mentioned that having received report from the father of the respondent Nos.4 & 5, they have opened docket sheet of reception petition No.53/2022 dated 27.01.2022 and advised both the parties to settle the matter before the competent authority/civil court and he neither called the petitioner to the Police Station nor insisted her to settle the monetary disputes.

4. Heard Sri R. Siva Sai Swarup, learned counsel for the petitioner and the learned Assistant Government Pleader for Home.

5. Admittedly, no crime is registered against the petitioner and even as per the version of the petitioner, there are civil disputes between the petitioner and respondent Nos.4 & 5 in respect of repayment of loan availed by the petitioner. In this regard, it is to be mentioned that it is well settled that police cannot interfere in civil disputes and the Hon’ble Apex Court repeatedly held that when the dispute is purely of civil nature, jurisdiction under Article 226 of the Constitution cannot be exercised and further, when the dispute between two citizens is of civil nature and no crime is registered, police have no jurisdiction to interfere in the civil dispute. It is also settled that in the scheme of Constitution of India, duty to resolve civil dispute is entrusted to judiciary and police have no such power and involvement of police in a pending civil dispute or potential civil dispute between two citizens or two groups of citizens is not within the provisions of the police.

6. As per the version of the Sub Inspector of Police, P.M. Palem Police Station, Visakhapatnam, except mentioning report of the father of the respondent Nos.4 & 5 in docket sheet of reception petition No.53/2022 dated 27.01.2022, he never called the petitioner to the Police Station.

7. On the other hand, learned counsel for the petitioner would argue that till issuing interim direction by this Court, Sub Inspector of Police insisted the petitioner to settle the matter and also called to the Police Station. Since respondent No.3 has already submitted written instructions stating that he will not involve in the civil disputes which are pending between the petitioner and respondent Nos.4 & 5, this Court is of the considered view that this writ petition may be disposed of directing the respondent No.3 not to interfere in the civil disputes of the petitioner and respondent Nos.4 & 5.

8. In the result, this Writ Petition is disposed of with a direction to the respondent No.3 not to interfere in the civil disputes, if any, pending between the petitioner and respondent Nos.4 & 5. There shall be no order as to costs.

As a sequel there to, Miscellaneous petitions, if any pending, shall stand closed.