APHC010447892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3529] TUESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION Nos.: 22729 & 22731 of 2025 WRIT PETITION NO: 22729/2025 Between: 1. P VENKATA RAMANA, W/O LATE P. SRINIVASA RAO, AGED 33 YEARS, OCC DAILY LABOURER, R/O. 4-82 A, GOLLAGUDEM, KALIDINDI MANDAL, ELURU-521344. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE SUPERINTENDENT OF POLICE, ELURU DISTRICT 3. DEPUTY SUPERINTENDENT OF POLICE, ELURU DISTRICT 4. THE STATION HOUSE OFFICER, KALIDINDI POLICE STATION, ELURU DISTRICT. ...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, Order or direction more particularly one in the nature of WRIT OF HABEAS CORPUS directing to the Respondents 1 to 4 for the production of P Prem Sagar, S/o late P. Srinivasa Rao, aged 15 2 RRR, J & TCDS, J W.P.No.22729 & 22731 of 2025 years, residing at H No 4-82A, Gollagudem, Kalidindi Mandal, Eluru - 521344 who is in wrongful confinement of Respondent No. 4, before this Hon'ble court and pass IA 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 pleased to direct respondents 2 and 4 to immediately P Prem Sagar, S/o Late P Srinivasa Rao aged 15 years residing at Hno 4-82A Gollagudem, Kalidindi Mandal, Eluru 521344 who is being kept in wrongful confinement, pending disposal of the main writ petition, pass IA NO: 2 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 Pleased to permit me to implead me as the Petitioner No. 2 in W.P. No. 22729 of 2025 and pass. Counsel for the Petitioner: 1. K V ADITYA CHOWDARY Counsel for the Respondent(S): 1. THE ADVOCATE GENERAL WRIT PETITION NO: 22731/2025 Between: 1. G DINESH NAGARAJU, S/O LATE G BAPISETTI, AGED 31 YEARS, OCC. BUSINESS, R/O. FLAT 21-04, NEW RAJA RAJESWARI PETA, VIJAYAWADA - 500015 ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 3 RRR, J & TCDS, J W.P.No.22729 & 22731 of 2025 2. THE SUPERINTENDENT OF POLICE, ELURU DISTRICT 3. THE ASST COMMISSIONER OF POLICE, VIJAYAWADA, NTR DISTRICT 4. DEPUTY SUPERINTENDENT OF POLICE, ELURU DISTRICT 5. THE STATION HOUSE OFFICER, KALIDINDI POLICE STATION, ELURU DISTRICT. ...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, Order or direction more particularly one in the nature of WRIT OF HABEAS CORPUS directing to the Respondents 1 to 5 for the production of G. Hanuma Ayyappa, S/o late G. Bapisetti, Aged 33 years, R/o Flat 21-04, New Raja Rajeswari Peta, Vijayawada 500015. who is in wrongful confinement of Respondent No. 5, before this Hon'ble court and pass IA 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 pleased to direct respondents 2 and 5 to immediately release G Hanuma Ayyappa, S/o late G Bapisetti aged about 33 years residing at flat no 21-04, Raja Rajeswari Peta , Vijayawada 500015 who is being kept in wrongful confinement pending disposal of the main writ petition and pass IA NO: 2 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 pleased to permit me to implead me as the Petitioner No. 2 in W.P. No. 22731 of 2025 and pass Counsel for the Petitioner: 1. K V ADITYA CHOWDARY Counsel for the Respondent(S): 1. THE ADVOCATE GENERAL 4 RRR, J & TCDS, J W.P.No.22729 & 22731 of 2025 The Court made the following common order: Since both these Writ Petitions arise out of the same facts, they are being disposed of by way of this common order. 2. Heard Sri K.V. Aditya Chowdary, learned counsel for the petitioners and the learned Government Pleader, in the office of the learned Advocate General, appearing for the respondents. 3. Both these petitions claim to be filed on 25.08.2025, contending that the detenue in W.P.No.22729 of 2025, had been detained by the respondents on 23.08.2025, while the detenue mentioned in W.P.No.22731 of 2025, was detained on 24.08.2025 and both of them have not been produced before the Magistrate. 4. The detenue in W.P.No.22729 of 2025 is a juvenile and was produced before the learned Principal Magistrate, Juvenile Justice Board, Vijayawada, in the evening of 26.08.2025 and the detenue was sent to the safe custody of the Government Observation Home for Boys in Vijayawada. The detenue in W.P.No.22731 of 2025 was produced before the learned Judicial Magistrate at Kaikalur, Krishna District on 26.08.2025 and was remanded to judicial custody. 5. The learned counsel for the petitioner submits that the said orders have been passed as proper facts had not been placed before the Magistrate by the remanding officers. It is contended that both the detenues were 5 RRR, J & TCDS, J W.P.No.22729 & 22731 of 2025 remanded by the Police without stating before the concerned Magistrate that they had been arrested only on 26.08.2025 and not earlier. 6. The aforesaid contention raises a question of fact, which would be difficult for this Court to go into. It would be appropriate that these issues are left open to be raised before the concerned Magistrate. 7. Further, the Magistrate has already passed orders of remand and once such orders of remand have been passed, it would not be appropriate for this Court to take up further proceedings. 8. For the aforesaid reasons, both these Writ Petitions are disposed of, leaving it open to the detenues to raise their contentions that they had been detained on 23.08.2025 and 24.08.2025 and that they were not permitted to make proper statements before the Magistrate, who was passing the remand order. In the event of any such complaints being raised, the concerned Magistrate would look into such objections and take an appropriate decision. There shall be no order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand closed. _______________________ R RAGHUNANDAN RAO, J ________________ T.C.D. SEKHAR, J Date: 23.09.2025 MJA 6 RRR, J & TCDS, J W.P.No.22729 & 22731 of 2025 504 THE HON’BLE SRI JUSTICE R RAGHUNANDAN RAO AND THE HON’BLE SRI JUSTICE T.C.D. SEKHAR WRIT PETITION Nos.: 22729 & 22731 of 2025 (per Hon’ble Sri Justice R. Raghunandan Rao) 23.09.2025 MJA