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2025 DAILYLAW 42688 (AP)

Kampa Sagaramma v. The Station House Officer

WP/31883/2025 · 2025-11-17

Cheekati Manavendranath Roy, Tuhin Kumar Gedela

body2025

Judgment text

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APHC010617602025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3558] TUESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION No.31883 of 2025 Between: 1. KAMPA SAGARAMMA W/O MANUPATI SAI TEJA AGED ABOUT 35 YRS, OCC: HOUSEHOLD, R/O H.NO.3-1-9-126, HARIPRASAD NAGAR, PERALA, BAPATLA DISTRICT ...PETITIONER AND 1. THE STATION HOUSE OFFICER, RAYACHOTI POLICE STATION, ANNAMAIAH DISTRICT 2. THE SUPERINTENDENT OF POLICE, RAYACHOTI, ANNAMAIAH DISTRICT 3. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 1. P NAGENDRA REDDY Counsel for the Respondent(S): 1. THE ADVOCATE GENERAL The Court made the following: 2 CMR,J & GTK,J W.P.No.31883 of 2025 THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HON’BLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION No.31883 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 by the petitioner, who is the wife of the corpus, seeking a direction to respondent Nos.1 and 2 to produce the corpus, by name Manupati Sai Teja, before the Court and to set him at liberty. 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader attached to the office of the learned Advocate General, who is appearing for the respondents on the advance notice served on him. 3. According to the petitioner, the police have forcibly taken the corpus, by name Manupati Sai Teja, who is her husband, into their custody at about 7.00 p.m. on 12.11.2025 and since then he has been illegally confined in the police station and that the police are harassing him and demanding money from him and they are not even producing 3 CMR,J & GTK,J W.P.No.31883 of 2025 him before any Court. Therefore, she sought the above relief in this writ petition. 4. Learned Assistant Government Pleader appearing for the respondents, on instructions, submits that on a report lodged by Maddipatla Reddamma against the corpus, a crime was registered against him in Crime No.468 of 2025 in Rayachoti Police Station for the offence punishable under Section 303(2) of BNS and the corpus was arrested by the 1st respondent in connection with the above crime on 14.11.2025. Thereafter, he was produced before the Additional Judicial First Class Magistrate, Rayachoti, and was remanded to judicial custody. 5. Learned counsel for the petitioner also submits that it is a fact that the corpus was arrested in connection with the aforesaid crime and was remanded to judicial custody. He further submits that the petitioner is taking steps to move the concerned Court for grant of bail to the corpus. 6. In view of the said facts and circumstances, as the corpus has not been detained in illegal custody as alleged, this writ petition for habeas corpus is not maintainable. 4 CMR,J & GTK,J W.P.No.31883 of 2025 7. Resultantly, this writ petition is dismissed. However, the petitioner is at liberty to move the concerned Court for grant of bail to the corpus. There shall be no order as to costs. As a sequel, interlocutory applications, if any pending, in this case shall stand closed. ________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY ______________________________________ JUSTICE TUHIN KUMAR GEDELA Date: 18.11.2025 IBL 5 CMR,J & GTK,J W.P.No.31883 of 2025 THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION No.31883 of 2025 Dt: 18.11.2025 IBL