APHC010280182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3529] TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 14129/2025 Between: 1. REDDY SEETHAMMA, W/O YEDUKONDALU, AGED ABOUT 74 YEARS, DR.NO. 1-3/3, CHINAKAKANI, GUNTUR DISTRICT, ANDHRA PRADESH-522503. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. SUPERINTENDENT OF POLICE, GUNTUR RURAL, GUNTUR DISTRICT. 3. DEPUTY SUPERINTENDENT OF POLICE, SOUTH ZONE, GUNTUR DISTRICT. 4. SUPERINTENDENT OF POLICE, PALNADU DISTRICT. 5. DEPUTY SUPERINTENDENT OF POLICE, SUB DIVISION, GURAZALA, PALNADU DISTRICT. 6. STATION HOUSE OFFICER, GURAZALA POLICE STATION, GURAZALA, PALNADU DISTRICT. 7. STATION HOUSE OFFICER, NALLAPADU POLICE STATION GUNTUR DISTRICT. 2 RRR,J & TCDS,J W.P.No.14129 of 2025 ...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 topleased to issue an order direction or Writ in the nature of Writ of Habeas Corpus declaring that the action of the 6th and 7th Respondents in abducting and illegally detaining the Petitioner's son in their custody Detenue- Reddy srinu. Aged About 50 years, Occ Social Activist and All India Kisan Mazdoor sangh Guntur District Secretary, Dr.No. 1-3/3, Chinakakani, Guntur District, Andhra Pradesh- 522503 by without informing the details of his detention to the Detenue and to the Petitioner and also not produced the detenue before the magistrate within 24 hours as illegal, arbitrary and violative of Section 48 of Bharatiya Nagarik Suraksha Sanhita, 2023 and violative of Articles 21, 22 of the Constitution of India and consequentially direct the Respondents to produce the detenu and set him at liberty and to pass IA NO: 1 OF 2025 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 may be pleased to direct the 2nd to 7th Respondents to produce the CCTV footage of two places, Firstly the footage of the seizure and arrest and secondly the CCTV footage inside the police station of 2nd to 7th Respondents dated 1-6-2025 to 4-6-2025 pending disposal, the above writ petition and pass IA NO: 2 OF 2025 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 may be pleased to amend the prayer in the Writ Petition by amalgamate the existing prayer pleased to issue an order direction or Writ in the nature of Writ of Habeas Corpus declaring that the action of the 6th & 7th Respondents in abducting and illegally detaining the Petitioner's son in their custody Detenue- Reddy srinu, Aged About: 50 years, Occ: Social Activist & All India Kisan Mazdoor sangh Guntur District Secretary, Dr.No. 1-3/3, Chinakakani, Guntur District, Andhra Pradesh-522503 by without informing the details of his detention to the Detenue and to the Petitioner and also not produced the detenue before the magistrate within 24 hours as illegal, arbitrary and violative of Section 48 of Bharatiya Nagarik Suraksha Sanhita, 2023 and violative of Articles 21, 22 of the Constitution of India and consequentially 3 RRR,J & TCDS,J W.P.No.14129 of 2025 direct the Respondents to produce the detenu and set him at liberty and to pass IA NO: 3 OF 2025 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 may be pleased to permit the petitioner to amend the para-No.4 in WP.No.14129 OF 2025 as follows: It js to submit that the Petitoner and the detenue on 1-6-2025 went to the chinakakani to attend the final rites of the Petitioner's deceased brother and after the completion of the rituals that the both the Petitioner and the detenue were going to the Petitioner's daughter's house which was situated in the jonnalagadda village, guntur district. In the meantime, the Petitioner and the Detenue went at a small shop in Pedakakani village to dnhk a soda and while consuming the soda at 5.00 pm some people suddenly came in the white car and forcefully picked up the Petitioner's son into the car by without informing thedetails of his pick up to the detenue and to the Petitioner. and the detenue and the Petitioner were shocked to the incident and after the forceful pick up of the detenue the car began driving in the direction of Guntur and pass Counsel for the Petitioner: 1. ANKALLA PRUDHVI RAJ Counsel for the Respondent(S): 1. THE ADVOCATE GENERAL 4 RRR,J & TCDS,J W.P.No.14129 of 2025 The Court made the following Order: (per Hon’ble Sri Justice R. Raghunandan Rao) The petitioner had approached this Court, on 03.06.2025, with a complaint that her son had been picked up by the Police Authorities, on 01.06.2025 and that, he has not been produced before any learned Magistrate. 2. On 05.06.2025, the learned Government Pleader, in the office of the learned Advocate General, appearing for the respondents, on instructions, had submitted that, the detenue had been arrested, on 03.06.2025 and had been produced before the learned Magistrate and had subsequently been remanded to judicial custody. 3. Sri Ankalla Prudhvi Raj, learned counsel for the petitioner, submits that, the said arrest as well as the Order of Remand are required to be set aside, on the ground that, the detenue had not been served with grounds of arrest and that, the learned Magistrate had also not recorded the statement of the detenue that he had been in police custody from 01.06.2025 and not from 03.06.2025. 4. The Order of Remand placed before this Court, does not mention any of these facts. This Court would have to go by the Record as stated in the Remand Order and it is always open to the petitioner or the detenue to go before the learned Magistrate for correction of any omissions by the learned Magistrate. The question of whether the detenue had been in police custody 5 RRR,J & TCDS,J W.P.No.14129 of 2025 from 01.06.2025 is also a matter, which can be raised before the learned Magistrate. 5. In these circumstances, this Writ Petition is closed, leaving it open to the detenue to raise all his objections before the learned Magistrate. There shall be no order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand closed. ________________________ R. RAGHUNANDAN RAO, J ________________ T.C.D. SEKHAR, J Date:02.09.2025 KPV 6 RRR,J & TCDS,J W.P.No.14129 of 2025 137 THE HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO AND THE HON’BLE SRI JUSTICE T.C.D. SEKHAR WRIT PETITION No:14129 of 2025 (per Hon’ble Sri Justice R. Raghunandan Rao) 02.09.2025 KPV