Extracted from the PDF above. The PDF is authoritative.
V. APHC010531852024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO AND THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 27468 OF 2024 Between: Bhavanam Vani, W/o. B. Srinivasa Reddy, Aged about 34 Years R/o. Gorizavole, Gorizavole, D.No.5-98, Near Anjaneya swami temple, Palnadu District, (Erstwhile Guntur District), Andhra Praclesh-522549. ...Petitioner AND
1. The State Of Andhra Pradesh, Represented by its Principal Secretary Department of Home, Secretariat, Velgapudi, Amravathi, Guntur District, Andhra Pradesh. 2. The Director General of Police, State of Andhra Pradesh, Mangalagiri, Guntur District. 3. The Superintendent of Police, Sri Potti Sriramulu Nellore District, Andhra Pradesh. 4. The Station House Officer, Manubolu Police Station, Sri Potti Sriramulu Nellore District, Andhra Pradesh. 5. The Station House Officer, Nellore Rural Police Station. Respondent No.5 was suo moto impleaded as per c.o.dt.25.11.2024 in W.P.No.27468of2024 . 6. National Highways Authority of India, Represented by its Authorised Road No.21, Guru Nanak Colony Road, Vijayawada, Andhra Pradesh. 7. National Highway Authority of India Regional Office, Authorized Officer Officer Colony, Benz Circle Teachers Rep by its D.No.41-28/4-53, Malleparaju Balaraju Street, Bapanayyanagaar, Krishna Lanka Vijayawada, Andhra Pradesh. [Respondent No.6 and 7 vide I.A.No.1 of 2024 in W.P.No.27468 of 2024.] are impleaded as per c.o.dt.16.12.2024 ...Respondents Petition under Article 226 of the Constitution of India circumstances stated in the affidavit filed therewith pleased to issue a writ of Writ of Habeas Corpus praying that in the the High Court may be or order or direction more particularly one in the nature or any other appropriate writ, order or direction directing the respondents to produce Bhavanam Srinivasa Reddy, Aged about 38 Reddy S/o. Sambi years, R/o. D.No.5-98,Near Anjaneya swami temple Gorijavolu, Gorizavole, Palnadu District (Erstwhile Pradesh- Guntur District), Andhra 522549, who is in the custody of respondents, before this Honourable Court by declaring his detention forthwith.
to be illegal and release Counsel for the Petitioner: PILLA YASWANI / Counsel for the Respondent Nos.1 to 7: THE ADVOCATE Counsel for the Respondents: KUMARI G The Court made the following order: general KVD
APHC010531852024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3541] TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 27468/2024 Between:
1.BHAVANAM VANI, W/0. B. SRINIVASA REDDY, AGED ABOUT 34 YEARS R/0. D.NO.5-98, NEAR ANJANEYA SWAMI TEMPLE, GORIJAVOLU, GORIZAVOLE, PALNADU DISTRICT, (ERSTWHILE GUNTUR DISTRICT), ANDHRA PRACLESH-522549. ...PETITIONER AND 1.THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HOME, SECRETARIAT, VELGAPUDI, AMRAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2.THE DIRECTOR GENERAL OF POLICE, STATE OF ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT. 3.THE SUPERINTENDENT OF POLICE, SRI POTTI SRIRAMULU NELLORE DISTRICT, ANDHRA PRADESH. 4.THE STATION HOUSE OFFICER, MANUBOLU POLICE STATION, SRI POTTI SRIRAMULU NELLORE DISTRICT, ANDHRA PRADESH. 5.THE STATION HOUSE OFFICER, NELLORE RURAL POLICE STATION. RESPONDENT N0.5 WAS SUO MOTO IMPLEADED AS PER C.O.DT.25.11.2024 IN W.P.N0.27468 OF 2024 . 6.NATIONAL HIGHWAYS AUTHORITY OF INDIA, REPRESENTED BY
2 * ROAD N0.21, GURU NANAK TEACHERS COLONY, BENZ CIRCLE, ITS AUTHORISED OFFICER COLONY ROAD VIJAYAWADA, ANDHRA PRADESH. 7.NATIONAL HIGHWAY AUTHORITY OF INDIA REGIONAL OFFICE REP BY ITS AUTHORIZED OFFICER, MALLEPARAJU BALARAJU STREET, KRISHNA LANKA, D.N0.41-28/4-53, BAPANAYYANAGAAR, VIJAYAWADA, ANDHRA PRADESH. RESPONDENT N0.6 AND 7 ARE IMPLEADED AS PER C.O.DT.16.12.2024 VIDE I.A.N0.1 OF 2024 IN W.P.N0.27468 OF
2024.
...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 or order or direction more particularly one in the nature of Writ of Habeas Corpus or any other appropriate writ, order or direction directing the respondents to produce Bhavanam Srinivasa Reddy S/o. Sambi Reddy, Aged about 38 years, R/o. D.No.5-98,Near Anjaneya swami temple, Gorijavolu, Gorizavole, Palnadu District (Erstwhile Guntur District), Andhra Pradesh- 522549, who is in the custody of respondents, before this Honourable Court by declaring his detention to be illegal and release forthwith and pass lA NO: 1 OF 2024 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 may be pleased to implead the proposed respondents as respondent No.6 to 9 int he Writ petition No. 27468 of 2024 and array the same as respondent No.6 to 9 and pass Counsel for the Petitioner:
1.PILLA YASWANI Counsel for the Respondent(S);
1 .THE ADVOCATE GENERAL 2.KUMARI G KVD
3 • The Court made the following Order: (perHon’ble Sri Justice R. Raghunandan Rao) The present Writ Petition has been filed on 25.11.2024, for a direction to the respondent authorities to produce the husband of the petitioner before the Court. The contention of the petitioner is that her husband had been detained by the Sub-Inspector of Police of the 4'*^ respondent police station, on 19.11.2024 and that various amounts of money in the account of the petitioner had been forcibly transferred to other accounts from where the money was withdrawn. The respondents have filed their counter affidavits as well as the additional counter affidavits.
In view of the developments during the course of hearing of the Writ Petition, the respondents 5 to 7 are also impleaded for the purposes of verifying the C.C.T.V footage, etc. 2. The case of the petitioner is that the husband of the petitioner had been forcibly taken to Manabolu police station and kept in detention, till this Writ Petition was moved before this Court, on 25.11.2024. Thereafter, the husband of the petitioner was shown to have bean arrested by the authorities of the 5*^ respondent police station, in Crime No.319 of
2024. The respondents dispute this fact and contend that the husband of the petitioner had come voluntarily to Manabolu police station for the purposes of assisting the police authorities, in the investigation of Crime No.127 of 2024 registered with Manabolu police station. This was in relation to a complaint of cheating filed by various farmers that the accused in the complaint had cheated the farmers by not paying the purchase price of the paddy procured from the farmers. 3. The petitioner had also sought production of C.C.T.V footage of various Toll Plazas on the National Highway on which the husband of the petitic^er is said to have travelled, on 19.11.2024. This C.C.T.V footage which was produced before this Court, was examined by the learned counsel for the
4. 4 petitioner in the presence of the Special Government Pleader and the Registrar (IT-cum-CPC) of this Court. The said C.C.T.V footage only showed the movement of the vehicle of the husband of the petitioner with a police cap placed on the dashboard. The respondents do not deny the fact that the husband of the petitioner had come to the Manubolu village. However, they contend that he was not arrested or detained or forcibly taken to the police station and that he had come along with the police authorities to Manubolu Village but not to the police station.
The respondents also contend that he was called upon to appear, in the Manubolu police station on 21.11.2024, but the husband of the petitioner did not appear before the police, on 21.11.2024.
Learned counsel for the petitioner submits that the said version of the respondents is incorrect in as much as the husband of the petitioner had been detained, in Manubolu police station for about four days during which the money in the account of the petitioner was withdrawn and transferred to various other persons from whose accounts the money was subsequently withdrawn. She would contend that the same can be verified by verifying the call data record of the husband of the petitioner and the location of the mobile phones of the husband of the petitioner.
5. The rival submissions on both sides raise issues of fact. It is clear that this is a matter which cannot be decided by this Court exercising its jurisdiction under Article-226 of the Constitution of India and it would be appropriate that all such complaints of the petitioner are addressed by the Magistrate who is seized of Crime No.319 of 2024.
6. In the circumstances, this Writ Petition is disposed of leaving it open to the petitioner and the detenue to raise their objections and complaints before the concerned Magistrate for appropriate directions. There shall be no
order as to costs.
7. 1 'j
5 As a sequel, pending miscellaneous petitions, if any, shall stand closed.
Sd/- J. SAROJA ASSISTANT REGISTRAR //TRUE COPY// N OFFICER SE To,
1. The Principal Secretary Department of Home Secretariat, ^ Velgapudi, Amravathi, Guntur District, Andhra P/adesh
2. The Director General of Police, State of Andhra Prad Mangalagiri, Guntur District.
3. The Superintendent of Police Andhra Pradesh. Sri Potti Sriramulu Nellore District, - Sri Potti .. House Officer, Manubolu Police Station,
4. The Station Sriramulu Netlore District, Andhra Pradesh. 5 The Station House Officer, Nellore Rural Police Station. 6 National Highways Authority of India, Represented by its Authorise Officer Road No.21, Guru Nanak Colony Road, Teachers Colony, Benz Circle, Vijayawada, Andhra Pradesh. 7 7 National Highway Authority of India Regional Office , Rep by its ^ ■ Authorized Officer, D.No.41-28/4-53, Malleparaju Balaraju Street, Bapanayyanagaar, Krishna Lanka, Vijayawada, Andhra Pradesh. 8 One CC to Sri. Pilla Yaswani Advocate [OPUC] ^ , u 9 Two CCs to The Advocate General, High Court of Andhra Pradesh / [OUT].
10. Two CD Copies. AL
HIGH COURT DATED:08/07/2025 4 I 01 SEP 2025 r Current Section 4
ORDER WP NO. 27468 OF 2024 DISPOSING OF THE W.P. WITHOUT COSTS