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2025 DAILYLAW 3633 (AP)

KAMEPALLI VENKATA SUBBA RAO v. THE STATE OF ANDHRA PRADESH

WP/1042/2025 · 2025-01-10

Maheswara Rao Kuncheam, R Raghunandan Rao

body2025

Judgment text

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i IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE / PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO 0h)j> THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM " WRIT PETITION NO: 1042 OF 2025 Between: Kamepalli Venkata Subba Rao, S/o Venkateswarulu, Aged about 65 years, R/o 7-26A, Anjaneyaswami OC, J Panguluru, Prakasam, Andhra Pradesh-523260 Ramkur, ...PETITIONER AND 1. The State of Andhra Pradesh, Represented By Its Principal Secretary Home Department, A.P Secretariat, Velagapudi, Guntur District. 2. The Director General of Police, State of Andhra Pradesh, Mangalagiri Amaravati, Andhra Pradesh. 3. The Additional Director General of Police, (Law and Order) State of Andhra Pradesh, Mangalagiri, Amaravati, Andhra Pradesh. 4. The Superintendent of Police, Prakasam District 5. The Superintendent of Police, Guntur District 6. The Station House Officer, Nagarampalem P.S., Guntur District. ...RESPONDENTS 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 an appropriate writ or order or direction more particular th the nature of Habeas Corpus and direct the Respondents, to produce the detenue, i.e. Kamepalli Tulasi Babu before this Honble Court by declaring their detention as illegal, being violative of Article 21 and 22 of the Constitution of India and release them forthwith. ^ lA 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 to direct the Respondents to produce the detenue, i.e. before this Hon'ble Court pending disposal of the Writ Kamepalli Tulasi Babu Petition. Counsel for the Petitioner: SRI N ASHWANI KUMAR Counsel for the Respondents: THE ADVOCATE GENERAL The Court made the following: APHC010020122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3508] FRIDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 1042/2025 Between: Kamepalli Venkata Subba Rao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. NASHWAN I KUMAR Counsel for the Respondent(S): 1.THE ADVOCATE GENERAL The Court made the following order: (perHon’ble Sri Justice R. Raghunandan Rao) The learned counsel for the petitioner submits that the detenue has been produced yesterday, i.e., 09.01.2025 at about 1.20 P.M. before the Magistrate and was remanded to judicial custody. The learned counsel also submits that the period of arrest and detention of the detenue, before production of the detenue before the Magistrate, was for more than 24 hours and the order of remand ought not to be have been passed. 4^ 2 RRR, J & MRk, W.P.No.1042 of 202b As a judicial order of remand has already been passed, it would 2. not be appropriate to continue the Writ Petition here. Accordingly, the Writ Petition is closed, leaving it open to the 3. petitioner/detenue to raise all issues relating to the nature of the arrest, time of arrest, etc, before the Magistrate. There shall be no order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand closed. SD/- V.SAVITHRl GOWRl ASSISTANTv REGISTRAR //TRUE COPY// FFICER SECTI To 1. The Principal Secretary, Home Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Guntur District. 2. The Director General of Police, State of Andhra Pradesh, Mangalagiri Amaravati, Andhra Pradesh. 3. The Additional Director General of Police, (Law and Order) State of Andhra Pradesh, Mangalagiri, Amaravati, Andhra Pradesh. 4. The Superintendent of Police, Prakasam District 5. The Superintendent of Police, Guntur District 6. The Station House Officer, Nagarampalem P.S., Guntur District. 7. One CC to Sri N Ashwani Kumar Advocate [OPUC] 8. One CC to Sri The Advocate General Advocate [OPUC] Three CD Copies SK high court DATED: 10/01/2025 ORDER WP.No.1042 of 2025 Of ANDh^!^ 5 12 MAR 2025 | Current Section t^PesPA-rcy^'^Sg^ if CLOSING THE WRIT PETITION WITHOUT COSTS