APHC010364972025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18692/2025 Between: 1. PADALA AKIL, S/O SIMHACHALAM, STUDENT, AGED 17 YEARS, D.NO. 17-271, AMBETHKAR STREET, TEKKALI, SRIKAKULAM DISTRICT-532201, ANDHRA PRADESH STATE., (THE PETITIONER IS BEING A MINOR REPRESENTED BY HIS FATHER PADALA SIMHACHALAM, AGED 43 YEARS, OCC. WORKING AS A WATCHMAN IN GOVT. HOSPITAL, TEKKALI, R/AT. D.NO. 17-271, AMBETHKAR STREET, TEKKALI, SRIKAKULAM DISTRICT-532201, ANDHRA PRADESH STATE). ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE DGP, ANDHRA PRADESH STATE, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH. 3. THE SUPERINTENDENT OF POLICE SP, O/O THE OFFICE OF THE SUPERINTENDENT OF POLICE (SP OFFICE), SRIKAKULAM, SRIKAKULAM DISTRICT-532001. 4. THE DEPUTY SUPERINTENDENT OF POLICE DSP, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE (DSP) OFFICE, TEKKALI, SRIKAKULAM DISTRICT. 5. THE CIRCLE INSPECTOR C I, OFFICE OF THE CIRCLE 2 INSPECTOR, TEKKALI, SRIKAKULAM DISTRICT. 6. THE SUBINSPECTOR OF POLICE, TEKKALI POLICE STATION (LAW AND ORDER), TEKKALI, SRIKAKULAM DISTRICT. 7. THE JUVENILE JUSTICE BOARD, SANTHI NAGAR COLONY, ARTS COLLEGE BACK SIDE, SRIKAKULAM TOWN, SRIKAKULAM DISTRICT. 8. THE SUPERINTENDENT OF POLICE SP, O/O THE OFFICE OF THE SUPERINTENDENT OF POLICE (SP OFFICE) RAYAGADA, RAYAGADA DISTRICT OF ODISHA -765001. 9. THE STATION HOUSE OFFICER SHO, O/O THE OFFICE OF THE MUNIGUDA POLICE STATION, RAYAGADA DISTRICT OF ODISHA - 765020. ...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 appropriate Writ or order or direction, preferably one in the nature of WRIT OF MANDAMUS, declaring the action of the respondents without following the Juvenile Justice (Care and Protection of Children) Act. 2015, the petitioner was arrest and detention by the police and also send him to judicial custody is illegal, arbitraiy, violation of fundamental rights and offends under Article 14 85 21 of the Constitution of India and also violated the sections 10-13 of the Juvenile Justice (Care and Protection of Children) Act. 2015 and also consequently direct the Respondents 1 to 3 and 8 for departmental action against the erring police officers for non-compliance with the Juvenile Justice (Care and Protection of Children) Act. 2015 and consequently direct the respondents to pay of compensation for the illegal arrest and mental trauma caused to the juvenile and consequently pleased quash the FIRs in Crime No. 36 of 2025, Crime No. 37 of 2025, Crime No. 55 of 2025, Crime No. 56 of 2025, Crime No. 57 of 2025 of Tekkali Police Station and in Crime No. 18 of 2025 of Muniguda Police station, Rayagada District, Odisha State, which were registered under section 303 (2) of BNS and also consequently direct the Police authorities to strictly comply with the Juvenile Justice (Care and Protection of Children) Act. 2015 and to prevent the further illegal action against the petitioner in future also and pas IA NO: 1 OF 2025 3 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 Pleased to stay of all further proceeding including with appearance in connections with crimes Crime No. 36 of 2025, Crime No. 37 of 2025, Crime No. 55 of 2025, Crime No. 56 of 2025, Crime No. 57 of 2025 of Tekkali Police Station and in Crime No. 18 of 2025 of Muniguda Police station, Rayagada District, Odisha State, which were registered under section 303 (2) of BNS and pass Counsel for the Petitioner: 1. SIMHACHALAM KARUKOLA Counsel for the Respondent(S): 1. GP FOR HOME 4 The Court made the following ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “…..to issue appropriate Writ or order or direction, preferably one in the nature of WRIT OF MANDAMUS, declaring the action of the respondents without following the Juvenile Justice (Care and Protection of Children) Act. 2015, the petitioner was arrest and detention by the police and also send him to judicial custody is illegal, arbitraiy, violation of fundamental rights and offends under Article 14 85 21 of the Constitution of India and also violated the sections 10-13 of the Juvenile Justice (Care and Protection of Children) Act. 2015 and also consequently direct the Respondents 1 to 3 and 8 for departmental action against the erring police officers for non-compliance with the Juvenile Justice (Care and Protection of Children) Act. 2015 and consequently direct the respondents to pay of compensation for the illegal arrest and mental trauma caused to the juvenile and consequently pleased quash the FIRs in Crime No. 36 of 2025, Crime No. 37 of 2025, Crime No. 55 of 2025, Crime No. 56 of 2025, Crime No. 57 of 2025 of Tekkali Police Station and in Crime No. 18 of 2025 of Muniguda Police station, Rayagada District, Odisha State, which were registered under section 303 (2) of BNS and also consequently direct the Police authorities to strictly comply with the Juvenile Justice (Care and Protection of Children) Act. 2015 and to prevent the further illegal action against the petitioner in future also and pass……” 2. Heard Sri K.Simhachalam, learned counsel for the petitioner and Sri Md. Farook, learned Assistant Government Pleader. 3. Learned counsel for the petitioner would submit that the police, without following the Juvenile Justice Act, 2015, arrested the petitioner, who is about 17 years old, and sent him to judicial custody. 5 4. Learned Assistant Government Pleader would submit that respondent No.6 informed the father of the juvenile in conflict with law about the arrest particulars. The father submitted the Aadhaar card of the petitioner, which shows that the petitioner was 19 years old; that is why the police followed the regular procedure applicable to other accused in the said crime. Learned Assistant Government Pleader would further submit that the investigation in the said case is completed. The written instructions placed before this Court show that the juveniles (CICL-1 & CICL-2) in conflict with law were produced before the Juvenile Justice Board, Srikakulam, and they were forwarded to the observation home. Learned Assistant Government Pleader would submit that five crimes are registered against the juveniles in conflict with law, and charge sheets have also been filed. 5. Considering the submissions made, this writ petition is disposed of. However, the concerned police are directed to take appropriate steps according to the Juvenile Justice Act regarding the petitioner relating to the said five crimes. In case the charge sheets are already filed showing the juvenile as accused along with other accused, it is the minimum duty of the police to inform the jurisdictional Magistrate Court about the same. Thereafter, the learned Magistrate may take appropriate steps according to law. There shall be no order as to costs. 6 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 23.07.2025 MH 7 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 151 WRIT PETITION NO: 18692/2025 Dt.23.07.2025 MH