APHC010530982024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3525] MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 27388/2024 Between: Ashireddy Radhika ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. P M MITHILESHWARA REDDY Counsel for the Respondent(S): 1. THE ADVOCATE GENERAL The Court made the following Order: (per Hon’ble Sri Justice R. Raghunandan Rao) The detenue herein had been arrested and produced before the Learned Judicial First Class Magistrate, Dhone, on 16.11.2024. Thereafter, the Learned Judicial First Class Magistrate, Dhone, by an Order of remand, dated 16.11.2024, had remanded the detenue to judicial custody in respect of Crime No.318 of 2024 on the file of Dhone Police Station, Nandyal District. 2 2. Aggrieved by the said Order of remand, the present Writ Petition seeking a Writ of Habeas Corpus has been filed. 3. It is settled law that an Order of remand cannot be challenged by way of a Writ of Habeas Corpus unless a case of non application of mind is clearly made out. 4. Learned counsel for the petitioner submits that it is clear non application of mind as the Learned Judicial First Class Magistrate had relied upon Section-111 of BNS to hold that a non-bailable offence had been made out requiring remand of the detenue to judicial custody. It is contended that Section 111 of BNS, on a face of a, was not available, against the detenue in as much as the requirement of 2 or more charge-sheets, pending against the detenue, within a last 10 years has to be made out before an offence under Section 111 of BNS can be put against the detenue. 5. Though, it appears that the Learned Judicial First Class Magistrate, has not taken this fact into account, it may not be a case of issue a non application of mind, which would give jurisdiction to this Court. 6. Learned counsel for the petitioner would also submit that detenue has been already released on bail. 7. In the circumstances, it would be appropriate to close this Writ Petition. 3 8. Accordingly, this Writ Petition is closed leaving it open to the detenue to seek relief as it may be permissible under the law. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. _______________________ R. RAGHUNANDAN RAO, J. ________________________ DR K MANMADHA RAO, J. BSM 4 HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO AND THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION No.27388 of 2024 (per Hon’ble Sri Justice R. Raghunandan Rao) Date: 03.03.2025 BSM