Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 33047 (AP)

KONDISETTY JAGADEESH v. THE STATE OF ANDHRA PRADESH

WP/25038/2025 · 2025-09-15

R Raghunandan Rao, T C D Sekhar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010491512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3529] TUESDAY, THE SIXTEENTH 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: 25038/2025 Between: 1. KONDISETTY JAGADEESH, S/O KONDISETTY SUDHAKHAR, AGED ABOUT 33 YEARS, R/O 26-2-1728, S.T. APARTMENT, CHAITHANYAPURI COLONY, BACKSIDE LLF SCHOOL, VEDAYAPALEM, NELLORE, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY, HOME DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE, MANGALAGIRI, GUNTUR DISTRICT. 3. THE SUPERINTENDENT OF POLICE, NELLORE, SPSR NELLORE DISTRICT. 4. THE INSPECTOR OF POLICE, VEDAYAPALEM POLICE STATION, NELLORE, SPSR NELLORE DISTRICT. 5. THE SUBINSPECTOR OF POLICE, VEDAYAPALEM POLICE STATION, NELLORE, SPSR NELLORE 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 topleased to issue a WRIT OF HABEAS CORPUS or any other appropriate writ order or direction declaring the custody and detention of my younger brother i.e., the detenu and the consequential remand order dated 25.08.2025 passed by the Learned V AddI Judicial Magistrate of Frist class, Nellore, in relation to Crime No 351 of 2025 on the file of Vedayapalem police station, SPSR Nellore District as arbitrary, illegal contrary to procedure established by law and violative of Article 20, 21, 22 of Constitution of India and contrary to the settled principles of law as laid down by the Hon'ble Supreme Court and this Hon'ble Court and consequently declare the arrest as illegal and set aside the said remand order and direct the 2nd Respondent to take appropriate disciplinary action against the concerned police officers and 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 pleased to direct the respondents to release the detenu forthwith, who is now under illegal custody pursuant to Crime No.351/2025 of Vedayapalem Police Station, SPSR Nellore District, pending disposal of the above writ petition, and pass Counsel for the Petitioner: 1. SIVAPRASAD REDDY VENATI Counsel for the Respondent(S): 1. THE ADVOCATE GENERAL The Court made the following order: (per Hon’ble Sri Justice R. Raghunandan Rao) It is represented that the detenue has been remanded to judicial custody, by way of an order of the Magistrate. 2. The learned counsel for the petitioner submits that the Magistrate has not looked into the objections raised by the detenue. 3. It would always be open to the petitioner or the detenue to raise objections again before the Magistrate or before the Appellate Court or before the Revisional Court as may be permissible. 4. Accordingly, this Writ Petition is closed, leaving it open to the detenue to agitate his rights. There shall be no order as to costs. As a sequel, interlocutory applications pending, if any shall stand closed. ________________________ R. RAGHUNANDAN RAO, J _______________ T.C.D.SEKHAR, J Date: 16.09.2025 MJA 152 THE HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO AND THE HON’BLE SRI JUSTICE T.C.D. SEKHAR WRIT PETITION NO: 25038/2025 (per Hon’ble Sri Justice R. Raghunandan Rao) 16.09.2025 MJA