Extracted from the PDF above. The PDF is authoritative.
APHC010491642025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3529] TUESDAY,THE TWENTY THIRD 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: 25413/2025 Between:
1. SHAIK.APSAR,, S/O.SHAIK. ABBAS ALL, AGED ABOUT 28 YEARS, OCC ELECTRICIAN MUNICIPAL CORPORATION GUNTUR, D.NO.18-18-32, MUFTHI STREET, LALAPET, CHINNA BAZAR GUNTUR CITY POST AND MANDAL GUNTUR DISTRICT, A.P.,
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY,
HOME DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI. GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE, GOVT, OF A.P.
MANGALAGIRI. GUNTUR DISTRICT. 3. SUBINSPECTOR OF POLICE, THADIKONDA POLICE STATION, GUNTUR DISTRICT. 4. CIRCLE INSPECTOR OF POLICE, THADIKONDA POLICE STATION, GUNTUR DISTRICT
5. SHAIK BAJI, S/O.GANI,AGED ABOUT 50 YEARS, OCC KEY MAN, SOUTHERN RAILWAYS,
D.NO.1-97, BEJATHPURAM, PONNEKALLU VILLAGE, THADIKONDA MANDAL, GUNTUR, A.P.,
6. SMT MUQTUJA, W/O.SHAIK BAJI AGED ABOUT 40 YEARS. HOUSE WIFE, D.NO.1-97,
BEJATHPURAM,PONNEKALLU VILLAGE,
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THADIKONDA MANDAL,GUNTUR, A.P.,
7. SMT SHAIK AZEMUNNISA, W/O. LATE SAHIK.LMMAM SAHEB, AGED ABOUT 74 YEARS. HOUSE WIFE, BEJATHPURAM, PONNEKALLU VILLAGE, THADIKONDA MANDAL, GUNTUR, A.P.,
8. S SHAIK JANI, S/O.GANI,
AGED ABOUT 45 YEARS, BEJATHPURAM, PONNEKALLU VILLAGE, THADIKONDA MANDAL, GUNTUR, A.P
...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 a writ of Habeas corpus directing the respondents 1 to 4 to produce the detenue shaik Asifa w/o.Shaik Apsar, aged about 25 years before the Hon'ble court and set her at liberty as the High-handed acts of the respondents as illegal, arbitrary and un-constitutional being violation of article 14,19, and 21 of the constitutionals of India and award exemplary costs and for the mental agony caused to me and to the detenu and also my family members Counsel for the Petitioner:
1. BASHA SHAIK Counsel for the Respondent(S):
1. ADDL ADVOCATE GENERAL
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The Court made the following ORDER:
(per Hon’ble Sri Justice R. Raghunandan Rao)
The petitioner has approached this Court by way of this writ petition contending that his wife who is the daughter of Respondent Nos. 5 and 6 is being unlawfully detained by her parents against her will and that she has been sending messages calling for help from the petitioner. 2.
The learned Government Pleader, on instructions, had earlier submitted to this Court, that the Respondent No.4 had verified the facts and that he was informed by the alleged detenu that she had come to her maternal home on her own will and she is not willing to go back to the petitioner as she has differences with him because he is ill-treating her. 3. Learned counsel for the petitioner, after being informed these facts insisted that the detenu be produced before this Court to ascertain the truth and proper facts. 4. The detenu has now being produced before us and she is physically present in the Court. Upon being asked, she stated that the petitioner has dropped her at her maternal home because of her ill-health and that she is not interested going back to her marital home as she is not willing to suffer anymore harassment. 5. In the circumstances, it is clear that the petitioner has filed the present writ petition solely for the purpose of harassing the alleged detenu and her parents. 4
6. Accordingly, this Writ Petition is dismissed with costs of Rs.10,000/- (Rupees Ten thousand only) to be paid by the petitioner to the A.P.High Court Legal Services Authority, within a period of three (3) weeks. Failure to pay such fine shall result recovery of the money from the petitioner under Revenue Recovery Act. 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:23.09.2025 KA
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THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR
WRIT PETITION NO: 25413/2025 Date:23.09.2025 KA