m ■ < IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE R RAGHUNANDAN RAO AND HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 30554 OF 2023 Between: Vasupalli Laxmayya, S/o. Vasupalli Yallayya, Aged about 60 years, Occ; Fisherman, R/o. 20-2-9 Polamabha Temple, Vishakapatnam (Urban), Andhra Pradesh, Pincode- 530001 ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Department of Home, A.P.Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Commissioner of Police, Vishakapatnam City, Visakhapatnam, Andhra Pradesh. 3. The Station House officer. One Town Police Station, Vishakapatnam District, Andhra Pradesh. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed 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 in the nature Writ of Habeas Corpus directing the Respondent Nos.2 and 3 to produce the son of the petitioner namely Sri.Vasupalli Nani ©Local Boy Nani, S/o. Vasupalli Laxmayya, Aged about 31 years, R/o. Dr No.22-46-10, Kanchara Veedhi, Near Town Hall, Vishakapatnam (Urban), X. Andhra Pradesh Pincode- 530001 before this Honourable Court from the illegal detention of Respondent Nos.3 and set him free. lA NO: 1 QF^2023 I P under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to issue an appropriate writ or order or direction more particular in the nature WRIT OF HABEAS CORPUS directing the Respondent Nos.2 & 3 to produce the detenum son namely Sri.Vasupalli Nani @ Local Boy Nani S/o Vasupalli Laxmayya, Aged 30 years, D.No.22- 46-10, Kanchara Veedhi, Near Town Hall, Visakhapatnam, Andhra Pradesh- 530001 before this Hon’ble Court from the illegal custody of Respondent Nos.3 and set her free. lA NO: 2 OF 2023 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased leased to invoke the extraordinary and special jurisdiction under Article 226 of the Constitution of India R/w. Section 151 of the Civil Procedure Code, 1908 be pleased: a) to take appropriate action against the respondent Nos.2 & 3 for illegally detaining the Detenue @my son from 20-11-2023 to 23-11-2023; b) to direct the respondent Nos.1 to 3 to pay an amount of Rs.20,00,000/-(Twenty Lakhs Rupees Only) towards compensation for the deprivation of the fundamental rights to life, liberty and also the right to live with dignity which are guaranteed to the Detenue @my son under Article 21 of the Constitution of India and also subjecting the Detenue @my son to physical and mental torture during the detention period; c) to direct the respondent No.2 & 3 to produce and return the papers wherein the signatures of the wife of the Detenue @my son and Detenue @my son were taken. lA NO: 3 OF 2023 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 invoke the extraordinary and special jurisdiction under Article 226 of the Constitution of India R/w. Section 151 of the Civil Procedure Code, 1908 be pleased: (a) to call for the CCTV footage in and around (i.e., at all entry and exit gates) of the One Town police station, Vishakhapatnam and to place before this Hon’ble Court from 19.11,2023 to 23.11.2023 from the respondent No.2 & 3; b) to direct the respondent Nos. 1 to 3 to place the relevant CCTV footage extract to examine when the Detenue @my son has been taken into illegal custody and when he was been set free along with the date and time. lA NO: 1 OF 2024 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 permit me to amend the prayer in the writ affidavit by duly inserting the consequential reliefs in the main prayer that. Consequently this Hon’ble Court may be pleased; a) to take appropriate action against the respondent Nos.2 & 3 for illegally detaining the Detenue @my son from 20- 11-2023 to 23-11- 2023; b) to direct the respondent Nos.I to 3 to amount pay an of Rs.20,00,000/-(Twenty Lakhs Rupees Only) towards compensation for the deprivation of the fundamental rights to life, liberty and also the right to live with dignity which are guaranteed to the Detenue @my son under Article 21 of the Constitution of India and also subjecting the Detenue @my son to physical and mental torture during the detention period; c) to direct the respondent No.2 & 3 to produce and return the papers wherein the signatures of the wife of the Detenue @my son and Detenue @my son were taken and also pass such other order or orders may deem fit and proper in the circumstances of the case. lA NO: 2 OF 2024 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to receive the video-cum- audio clippings as material in support of the petitioner’s submissions and consider the the record. same as part of Counsel for the Petitioner: SRI KARTHIKSIDDARTHA SALADI Counsel for the Respondents: THE ADVOCATE GENERAL The Court made the following: ORDER 1 RRR,J&MRK,J W.P.No.30554/2023 \ APHC010592952023 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: 30554/2023 Between: Vasupalli Laxmayya ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. KARTHIKSIDDARTHA SALADI Counsel for the Respondent(S): 1 .THE ADVOCATE GENERAL The Court made the following order: (per Hon’ble Sri Justice R. Raghunandan Rao) Heard Sri Karthik Siddartha Saladi, learned counsel appearing for the petitioner and learned Advocate General appearing for the respondents. 2. The petitioner has filed the present writ petition seeking a Writ of Habeas Corpus for production of his son, viz., Sri Vasupalli Nani @ Local Boy 2 RRR,J & MRK.J W.P.No.30554/2023 Nam, who is the alleged detenue, who had been under illegal detention, 3'^ respondent, and for award of compensation of Rupees Twenty Lakhs 3. The case of the petitioner is that his son had started by the a YouTube blog, in which he was recording an incident of a fire accident involving fishing boats in Visakhapatnam Harbor, fishermen in the area had objected to such being beaten up by fellow fishermen and forcibly thrown on 19.11,2023, around 12 midnight. The recording and the alleged detenue out of the Harbor are also said to have falsely implicated the alleged set fire to the fishing boats. On the respondent is said to have picked up the alleged detenue, on 20.11,2023, and had applied third degree alleged detenue from 20.11.2023 to 22.11.2023. area. The local media detenue, as the primary accused, who had basis of this false narrative, the 3'^'^ methods on the 4. The petitioner, on the above facts, had filing the aforesaid writ petition, on 23.11.2023. The 3'^^ respondent had filed and an additional counter affidavit approached this Court by 5. a counter affidavit on 12.12.2023 on 26.12.2023. In these counter affidavits, the 3 respondent denied the illegal detention of the detenue from 20.11.2023 to 22.11.2023. The case of the 3" respondent is that there were Initial reports Of the involvement of the alleged detenue on 19.11.2023, and the alleged detenue in the arson, which had taken place was summoned to the police station for investigation only. The 3 respondent states that the alleged detenue was not detained for any period of time. The 3'^' respondent also states that after 3 RRR,J & MRK,J W.P.No.30554/2023 examining the alleged detenue, further investigation was carried out and the actual culprits were caught. The 3^^ respondent states that the investigation made by the 3'”'^ respondent had actually helped the alleged detenue in absolving him from the involvement in the arson of the fishing boats in Visakhapatnam Harbor. rd The petitioner had also sought CCTV footage of the 3 respondent police station, for the relevant period. However, the 3'^'^ respondent stated that the said CCTV footage is not available, as the CCTVs in the police 6. station were not working on account of disruption in power and also on account of the repairs being carried out in the area, due to which the recording of the CCTV footage was not available. \ I Thereafter, the petitioner sought to produce records of local news 7. channels for the purpose of demonstrating that the local news channels had recorded the arrest and detention of the alleged detenue, on 19/20.11.2023 itself. An affidavit of a person, who is said to have recorded such broadcast by the local news channels, was also placed before this Court. However, none of the news anchors or the persons involved in the broadcast of these channels, have been brought into the picture and no certification of any nature, from these persons had been obtained. In the absence of such certification, this court cannot rely upon the material produced by the petitioner. In the present case, the fact remains that as on 23.11.2023, the alleged detenue was admittedly not in the custody of the 3'^'^ respondent. The 8. 4 RRR,J & MRK,J W.P.No.30554/2023 material placed before this Court, is not sufficient for this Court, to arrive at any conclusion as to whether the detenue had been arrested or detained by the 3^^ respondent between 20.11.2023 to 23.11.2023. In the circumstances, this writ petition is dismissed leaving it open to the petitioner to avail of his remedies under law. There shall be no order as 9. to costs. As a sequel, pending miscellaneous applications, if any, shall stand closed. en/ P U V.BHASKARA RAO assistant REG^^TRAR //true copy// SECTION OFFICER To Saladi Advocate [OPUC] Court of A.P. [OUT] Sri Karthiksiddartha Advocate General. High 1. One CC to 2. Two CCS to The 3. Three CD Copies TF 9*^ HIGH COURT DATED:10/01/2025 ORDER WP.No.30554 of 2023 DISMISSING THE W.P., WITHOUT COSTS