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2025 DAILYLAW 48616 (AP)

RACHAKUNTA RAVI SANKAR v. The State of Andhra Pradesh

WP/24963/2025 · 2025-09-15

R Raghunandan Rao, T C D Sekhar

body2025

Judgment text

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APHC010490002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3529] TUESDAY, THE SIXTEENTH 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 NO: 24963/2025 Between: 1. RACHAKUNTA RAVI SANKAR, S/O. R NARAYANA, AGED ABOUT 56 YEARS, R/O. 1/57, PENDLIMARRI MANDALAM NANDUMANDALAM, Y.S.R DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI. 2. THE DIRECTOR GENERAL OF POLICE, A.P. POLICE HEADQUARTERS, MANGALAGIRI, GUNTUR DISTRICT. 3. THE SUPERINTENDENT OF POLICE, KADAPA, Y.S.R DISTRICT. 4. THE INSPECTOR OF POLICE, , PENDLIMARRI POLICE STATION, KADAPA, Y.S.R DISTRICT. T 5. THE STATION HOUSE OFFICER, , PENDLIMARRI POLICE STATION, KADAPA, Y.S.R 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 tomay be pleased to issue a writ order or direction more particularly one in nature of Writ of Habeas Corpus or any other Writ, order or direction directing the respondents to produce the detenu Sri Rachakunta Megha Syam, S/o. Jayashankar i.e., R/o 1/57, Pendlimarri Mandalam, Nandumandalam, Y.S.R District, who is currently District Prison, Vijayawada before this Honble Court release him lodged in the forthwith and take appropriate action against the Respondent No.4 for the illegal detention and pass such 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 may be pleased to direct Respondents to produce the CCTV footage of the 5th Respondent police station before this Hon’ble Court and pass such Counsel for the Petitioner: 1. PAPUDIPPU SASHIDAR REDDY Counsel for the Respondent(S): 1. THE ADVOCATE GENERAL The Court made the following order: (per Hon’ble Sri Justice R. Raghunandan Rao) The learned counsel for the petitioner submits that the detenue had been produced before the Magistrate on 13.09.2025 and had been remanded to judicial custody. He submits that the order of remand would also have to be set aside and seeks time to file an amendment petition. He contends that the detenue had not been produced within 24 hours of being arrested and accordingly, would be entitled to set free. 2. We are of the view that the said contention can be raised before the learned Magistrate or by way of further proceedings, under the provisions of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) / Code of Criminal Procedure, 1973. (Cr.P.C). 3. Accordingly, the present Writ Petition is closed, leaving it open to the petitioner to avail of his remedies either under the provisions of BNSS or Cr.P.C. There shall be no order as to costs. As a sequel, interlocutory applications pending, if any shall stand closed. ________________________ R. RAGHUNANDAN RAO, J _______________ T.C.D.SEKHAR, J Date: 16.09.2025 MJA 154 THE HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO AND THE HON’BLE SRI JUSTICE T.C.D. SEKHAR WRIT PETITION NO: 24963/2025 (per Hon’ble Sri Justice R. Raghunandan Rao) 16.09.2025 MJA