APHC010590112024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3525] MONDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 30762/2024 Between: Sangeetha Narayanalal ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. BASHA SHAIK Counsel for the Respondent(S): 1. GP FOR HOME 2. THE ADVOCATE GENERAL The Court made the following Order: (per Hon’ble Sri Justice R. Raghunandan Rao) The petitioner had approached this Court, on 24.12.2024, contending that her husband had been forcibly taken away, by a group of police officials, on 23.12.2024, at 03:00 P.M. from his jewellery shop at Bangarupalem Town and that, he was not being produced before any learned Magistrate. The petitioner also contended that, this Court would have to intervene to end the illegal detention of the detenue. 2 RRR,J & Dr.KMR,J W.P.No.30762 of 2024 2. This petition was moved, by way of a lunch motion, on 24.12.2024. On that day, the learned Government Pleader, on instructions, had stated that the petitioner had only been summoned for an enquiry and was being served with a notice under Section 35 (3) of the B.N.S.S., in relation to Crime No.313 of 2024 registered with the Palamaner Urban Police Station. 3. The petitioner has filed two interlocutory applications bearing I.A.Nos.1 of 2024 & 2 of 2025. In these applications, the petitioner sought to place additional material before this Court, in the form of call recordings alleged to have been conducted between the father of the detenue and the police officials. It is also contended that this conversation would make it amply clear that the officials had admitted that, they had taken away the detenue without any criminal case, pending against him. 4. The learned Government Pleader, would submit that the detenue had been called to the Police Station only for the purpose of enquiry, on 24.12.2024 and that there was no illegal detention of the detenue. It is further submitted that the detenue has been at liberty from 24.12.2024 till today and the investigation is still continuing. 5. In reply, the learned counsel for the petitioner would submit that Crime No.313 of 2024 was registered at 07:P.M., on 23.12.2024, while the detenue had been taken away at 03:00 P.M. itself. Learned counsel would also submit that the police officials are seeking to correct this mistake by contending that 3 RRR,J & Dr.KMR,J W.P.No.30762 of 2024 the detenue had actually been summoned to the police station, in relation to Crime No.176 of 2024 and the same is also incorrect. 6. Except the allegation made by the petitioner, no material has been placed before this Court to demonstrate that the detenue had been picked up by the police at 03:00 P.M., on 23.12.2024. The petitioner now relies upon the call records said to have been recorded between the father of the detenue and the police officials. Verification of the said conversation or call records would not be appropriate for this Court in proceedings under Article 226 of the Constitution of India. 7. In these circumstances, this Writ Petition is closed, leaving it open to the petitioner or detenue to make out their case before the Magistrate before whom Crime No.313 of 2024 or Crime No.176 of 2024 would be heard. There shall be no order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand closed. ________________________ R. RAGHUNANDAN RAO, J _______________________ Dr. K. MANMADHA RAO, J Date:07.04.2025 KPV 4 RRR,J & Dr.KMR,J W.P.No.30762 of 2024 68 THE HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO AND THE HON’BLE DR. JUSTICE K. MANMADHA RAO WRIT PETITION No:30762 of 2024 (per Hon’ble Sri Justice R. Raghunandan Rao) 07.04.2025 KPV