APHC010250822020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No.16493/2020 Between: 1. MASTER GUGULOTHU SRINIVAS @ PANDU, S/O. BALA KRISHNA AGED 7 YEARS BEING MINOR REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN SMT.GUGULOTHU JANAKI, AGED 25 YEARS, R/O.JAYANTHIPURAM VILLAGE, JAGGAIAHPET MANDAL, KRISHNA DISTRICT. 2. SMT.GUGULOTHU JANAKI, W/O.BALAKRISHNA AGED 25 YEARS, OCC, HOUSEWIFE, R/O. JAYANTHIPURAM VILLAGE, JAGGAIAHPET MANDAL, KRISHNA DISTRICT. 3. BHUKYA SEETHAMAHALAKSHMI, W/O.SYDA AGED 40 YEARS, OCC- HOUSEWIFE, R/O. R/O. JAYANTHIPURAM, JAGGAIAPET MANDAL, KRISHNA DISTRICT. 4. BHUKYA BUJJI, W/O.REDYA, AGED 40 YEARS, OCC- HOUSE WIFE, R/O. R/O. JAYANTHIPURAM, JAGGAIAPET MANDAL, KRISHNA DISTRICT. 5. BHUKA SAI, W/O. KOTESWARARAO AGED 37 YEARS, OCC- HOUSE WIFE R/O. JAYANTHIPURAM, JAGGAIAPET MANDAL, KRISHNA DISTRICT ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, SECRETARIATE, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. DIRECTOR GENERAL OF POLICE, STATE OF ANDHRA PRADESH, MANGALGIRI, GUNTUR DISTRICT. 3. SUPERITNEDENT OF POLICE, KRISHNA DISTRICT. 4. STATION HOUSE OFFICER, CHILLAKALLU POLICE STATION JAGAYYAPET MANDAL, KRISHNA DISTRICT. 5. P CHANDRASEKHAR RAO, CIRCLE INSPECTOR OF POLICE JAGGAYAPET POLICE STATION, KRISHNA DISTRICT. 6. V VENKATESWARARAO, SUB INSPECTOR OF POLICE, CHILLAKALLU POLICE STATION, JAGGAYYAPET MANDAL, KRISHNA DISTRICT. 2 7. ADOTHU BHEEMUDU, S/O BODKA, AGED 52 YEARS, R/O. JAYANTHIPURAM, JAGGAIAHPET MANDAL, KRISHNA DISTRICT. ...RESPONDENT(S): 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 to issue any writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents No. 3 to 6 in detaining the 1st petitioner in the 3rd respondent's police station and arresting the petitioners No.2 to 5 in violation the guidelines of Apex Court in Arnesh Kumar Vs. State of Bihar in connection with Cr.No.840 of 2020 on the file of 3rd respondent is illegal, arbitrary and violation of Articles 14 and 21 of the Constitution of India and to consequently direct the respondents No.2 and 3 to criminal and departmental action against the respondents No.5 and 6 and to pay compensation to the petitioners and to pass Counsel for the Petitioner(S): 1. V V SATISH Counsel for the Respondent(S): 1. GP FOR HOME 2. CHALLA AJAY KUMAR The Court made the following: ORDER: The instant Writ Petition is filed by the Petitioners seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief: “ .... to issue any writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent Nos.3 to 6 in detaining the 1st petitioner in the 3rd respondent's police station and arresting the petitioners No.2 to 5 in violation the guidelines of Apex Court in Arnesh Kumar Vs. State of Bihar in connection with Cr.No.840 of 2020 on the file of 3rd respondent is illegal, arbitrary and violation of Articles 14 and 21 of the Constitution of India and to consequently direct the respondents No.2 and 3 to criminal and departmental action against the respondents No.5 and 6 and to pay compensation to the petitioners and to pass ....” 3 2. Heard Sri V.v.Satish, learned counsel for the Petitioners and Sri V.Farooq, learned Assistant Government Pleader for Home appearing for respondent State. Perused the material on record. 3. Learned counsel for the Petitioners would submit that the grievance of the Petitioners is relating to a minor boy aged about seven years, who was kept in the Police Custody in the Police Station along with his elders in a closed room. 4. Learned Assistant Government Pleader on instructions would submit that respondent Police never taken the boy to the Police Station and it is the relatives of the boy, who have taken the boy to the Police Station. Respondent Police never detained the minor boy in the police station at any point of time and would submit that this Court may pass appropriate orders by disposing of this Writ Petition. 5. Recording the submissions, this Writ Petition is disposed of. Respondent Police are directed to follow due process of law as per the provisions of Juvenile Justice Act, in case of detaining the minor boy and his elders in the police station relating to any crime is registered against them. Respondent Police are directed not to keep the minor boy along with his elders in a closed room. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 16493 of 2020 04.09.2025 Mjl /*