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2025 DAILYLAW 30401 (AP)

DATTI APPALA NAIDU v. THE STATE OF AP

WP/22242/2025 · 2025-09-08

R Raghunandan Rao, T C D Sekhar

body2025

Judgment text

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APHC010439092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3529] TUESDAY, THE NINTH 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: 22242/2025 Between: 1. DATTI APPALA NAIDU, S/O LATE PYDANNA, AGED ABOUT 47 YEARS, OCC- LIC AGENT, R/O VANGARA VILLAGE, DATTI RAJERU MANDAL, VIZIANAGARAM DISTRICT ...PETITIONER AND 1. THE STATE OF AP, HOME DEPARTMENT SECRETARIAT, VELAGAPUDI, GUNTUR, AMARAVATI REP. BY ITS PRINCIPAL SECRETARY 2. 2 THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH AT MANGALAGIRI 3. THE SUPERINTENDENT OF POLICE, VIZIANAGARAM DISTRIC 4. THE DEPUTY SUPERINTENDENT OF POLICE, VIZIANAGARAM SUB-DIVISION, VIZIANAGARAM 5. THE INSPECTOR OF POLICE, BHOGAPURAM CIRCLE, VIZIANAGARAM DISTRICT 6. THE STATION HOUSE OFFICER, NELLIMARLA POLICE STATION, NELLIMARLA, VIZIANAGARAM DISTRICT 7. THE PRINCIPAL, NEW APEX JUNIOR COLLEGE, COLLEGE CODE 24263 VIZIANAGARAM SITUATED AT KONDAVELAGADA VILLAGE NELLIMARLA MANDAL, VIZIANAGARAM DISTRICT FLAT NO. 4, 5 2 RRR,J & TCDS,J W.P.No.22242 of 2025 TOWN CENTRE, DHARMAPURI, VIZIANAGARAM, 535004 MOBILE NO. 9490584658, 8977211225 8. THE WARDEN, NEW APEX JUNIOR COLLEGE HOSTEL, VIZIANAGARAM SITUATED AT KONDAVELAGADA VILLAGE NELLIMARLA MANDAL, VIZIANAGARAM DISTRICT 9. THE APEX EDUCATIONAL SOCIETY, REP BY ITS PRESIDENT/MANAGING DIRECTOR 2B, 100 FT RING RD, NEAR SAI BABA TEMPLE, NATRAJ COLONY, VIZIAAAGARAM, ANDHRA PRADESH 535002 ...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 a Writ of Habeas Corpus directing the respondents No. 2 to 9 to produce petitioner s son Datti Chaitanya, S/o Datti Appala Naidu, aged about 17 years, R/o Vangara Village, Datti Rajeru Mandal, Vizianagaram District who was in the custody of the respondents No. 7 to 9 before this Honhle Court and pass Counsel for the Petitioner: 1. TADDI SOWMYA NAIDU Counsel for the Respondent(S): 1. GP FOR HOME 3 RRR,J & TCDS,J W.P.No.22242 of 2025 The Court made the following Order: (per Hon’ble Sri Justice R. Raghunandan Rao) In the present case, the petitioner seeks a direction from this Court for ascertaining the whereabouts of the alleged detenue, on the ground that, the alleged detenue has been missing since 23.01.2025. 2. This Court is of the opinion that in a case of “missing person”, a Writ of Habeas Corpus would not be an appropriate remedy for tracing out the person, unless there is a specific allegation of illegal custody of the detenue by any other person. 3. In the present case, since the allegation is that the detenue is missing from the residential college where he was studying and which is being run by the respondents 7 to 9, it would be appropriate that the petitioner invokes the appropriate remedies for filing a criminal complaint before the Authorities, which had already been done, and to pursue any other remedy either by approaching this Court, by way of a Writ of Mandamus or such other remedies as may be available in law, before the learned Magistrate, who is seized of the criminal complaint. 4. Accordingly, this Writ Petition is closed, leaving it open to the petitioner to avail of his appropriate remedies under law. There shall be no order as to costs. 4 RRR,J & TCDS,J W.P.No.22242 of 2025 As a sequel, pending miscellaneous applications, if any, shall stand closed. ________________________ R. RAGHUNANDAN RAO, J ________________ T.C.D. SEKHAR, J Date:09.09.2025 KPV 5 RRR,J & TCDS,J W.P.No.22242 of 2025 364 THE HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO AND THE HON’BLE SRI JUSTICE T.C.D. SEKHAR WRIT PETITION No:22242 of 2025 (per Hon’ble Sri Justice R. Raghunandan Rao) 09.09.2025 KPV