APHC010659202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3558] FRIDAY, THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION No.34005 of 2025 Between: 1. SHAIK MOHAMMED ALI, S/O. ALLAH BAKSHU, AGED 28 YEARS, R/O. D.NO.20-8-219, AMEEN NAGAR, KOTAMITTA, NELLORE, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, ANDHRA PRADESH SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DIRECTOR GENARAL OF POLICE, ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT. 3. THE SUPERINTENDENT OF POLICE, ANNAMAIAH DISTRICT, RAYACHOTY. 4. THE STATION HOUSE OFFICER, RAYACHOTI URBAN POLICE STATION, ANNAMAYYA DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 2 CMR,J & GTK,J W.P.No.34005 of 2025 1. MALIREDDY GOWTHAM Counsel for the Respondent(S): 1. THE ADVOCATE GENERAL The Court made the following: 3 CMR,J & GTK,J W.P.No.34005 of 2025 THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HON’BLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION No.34005 of 2025 O R D E R: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) This writ petition for habeas corpus under Article 226 of the Constitution of India is filed seeking direction to the respondent-police officials to produce three persons, by name (1) Shaik Ahmed Basha, who is the brother of the petitioner, (2) Shaik Saniya, who is the family friend of the petitioner and (3) Shaik Abid, who is the friend of the petitioner’s brother, before the Court and to set them at liberty. 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader attached to the office of the learned Advocate General appearing for the official respondents. 3. It is alleged in the writ petition that the police officials of Rayachoti Urban Police Station apprehended the brother of the petitioner, by name Shaik Ahmed Basha, along with the aforesaid two other persons on 28.11.2025 at Bhagath Singh Nagar, Nellore, and since then detained them in their illegal custody. Therefore, the petitioner sought the aforesaid prayer in this writ petition. 4. Learned Assistant Government Pleader, on written instructions, submits that on the report lodged by a person, by name Shaik 4 CMR,J & GTK,J W.P.No.34005 of 2025 Shabana, that her minor daughter, by name Shaik Juberiya, was found missing, a ‘girl missing’ case was registered by the 4th respondent in Crime No.257 of 2025 on 11.05.2025 and during the course of investigation, it was found that the minor girl was taken away by a person, by name Shaik Shafi, and as such, the F.I.R. was altered to include Sections 64 and 96 of BNS and Section 6 r/w 5 of the Protection of Children from Sexual Offences Act, 2012, and the said case is now under investigation. He further submits, on written instructions, that during the course of investigation of the aforesaid crime, as the involvement of the brother of the petitioner and the other two persons was suspected, the police have summoned all the said three persons for enquiry and after examining them on 04.12.2025, they were sent back and were directed to appear before the police again on 08.12.2025 for further enquiry. The written instructions received by him to that effect are produced and the same are taken on record. 5. Learned counsel for the petitioner also fairly concedes that the brother of the petitioner and the other two persons were summoned by the police by issuing notice to them and after examining them in the course of enquiry, they were released and they are now set at liberty. 6. In that view of the matter, nothing survives in this writ petition for adjudication. 5 CMR,J & GTK,J W.P.No.34005 of 2025 7. Therefore, considering the aforesaid submissions made by both the learned counsel for the petitioner and the learned Assistant Government Pleader, the writ petition is closed. However, it is made clear that the law has to take its own course in the crime that was registered in relation to the alleged offences committed against the minor girl as stated supra and the respondent-police officials shall follow the due process of law in dealing with the suspects as well as the accused in the said crime. As a sequel, interlocutory applications, if any pending, in this case shall stand closed. There shall be no order as to costs. ________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY ______________________________________ JUSTICE TUHIN KUMAR GEDELA Date: 05.12.2025 IBL 6 CMR,J & GTK,J W.P.No.34005 of 2025 THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION No.34005 of 2025 Dt: 05.12.2025 IBL