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High Court of Andhra Pradesh · body

2025 DAILYLAW 48759 (AP)

KONKIPUDI SATISH v. THE STATE OF ANDHRA PRADESH

WP/11711/2025 · 2025-05-05

Harinath N

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY. THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 11711 OF 2025 Between: Konkipudi Satish, S/o Govinda Rao, Age 42 years, Palteru Village Payakaraopeta Mandal, Visakhapatnam District. ...PETITIONER AND 1. The State of Andhra Pradesh, esh, Represented by its Principal Secretary, Department of Home, Secretariat, Amaravati. 2. The Director General of Police, DGP Office Mangalagiri, Mangalagiri, Guntur District, Andhra Pradesh. 3. The Commissioner of Police, Visakhaptnam. 4. The SHO, Pendurthy Police Station, Visakhapatnam District. ...RESPONDENTS 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 to issue an appropriate writ, order or direction preferably a Writ in the nature of Mandamus declaring the action of the Respondent-4 for seized the Passport of the petitioner without issuing any notice, without follow the due process of law as illegal and violative of personal liberty under Article 21 of the Constitution of India and consequently to direct the Respondent-4 release the Passport of the petitioner. lA NO: 1 OF 2025 Petition under Section 151 GPC praying that in the circumstances affidavit filed in support of the petition, the High Court may be direct the Respondent-4 to release the Passport of the petitioner pendinji disposal of the Writ Petition. f •r G^yih^Kfor the Petitioner: SRI RAM BABU DEVAVARAPU Counsel for the Respondents: GP FOR HOME The Court made the following: ORDER 4 APHC010216812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 11711/2025 Between: Konkipudi Satish ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: TRAM BABU DEVAVARAPU Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following: the honourable SRI WRIT PETITIHm JUSTICE HARINATH.N OF 2025 order! 1- The learned counsel for the petitioner submits as accused No.1 in Crime No.326 of 2024 station, Visakhapatnam Commissionerate under Sections 85 BNS. Section his wife. that the petitioner is arraigned on the file of Pendurthy Police for the alleged offences punishable on the complaint filed by 3 and 4 of DP Act 2. It is submitted that the illegally seized the present writ petition is filed. station House Officer, Pendunhy Police Station passport of the petitioner has aggrieved by the same the 3. The learned Assistant Government that on 17.04.2025 the learned Magistrate and submitted 4. Considering the submissions, Pleader for Home on instructions submits police has surrendered the passport before the Form-60. the police officer has that a lookout circular no duty to seize the was pending soon after the petitioner Thereafter, the petitioner’s passport was and after completion of investigation, and the same is numbered passport of the petitioner. The submission against the petitioner and the same was executed landed in India at Bangalore Airport, handed over to the Penduruthi Police the police have filed charge sheet as CC.No.1315 of 2025. 5. The learned counsel for the petitioner submits that the issuing Section 35-3 B.N.S.S. petitioner was released on bail on self-bond and after i 6. If that be the notice. case, that there Is no necessity for the station House Officer/Sub-Inspector of Police to seize the passport of the petitioner. The submission of the learned Assistant Government Pleader that the passport has been submitted before the learned Magistrate Court on 17.04.2025 and submitted the Form-60 by the SI of Police along with original flight tickets. 7. Considering the submissions, there shall be a direction to the respondent to return the passport to the petitioner within a period of seven days from the date of receipt of the order. The 4'^ respondent shall take steps to retrieving the passport from the learned Magistrate Court. 8. Accordingly, the writ petition is allowed without costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- M SRINiyXS ASSISTANT REGI^AR //TRUE COPY// OFFICER SEC To, 1. The Principal Secretary, Department of Home, Secretariat, Amaravati. 2. The Director General of Police, DGP Office Mangalagiri, Mangalaqiri Guntur District, Andhra Pradesh. 3. The Commissioner of Police, Visakhaptnam 4. The SHO, Pendurthy Police Station, Visakhapatnam District 5. One CC to Sri Ram Babu Devavarapu Advocate [OPUC] 6. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies i TF HIGH COURT DATED;06/05/2025 ORDER WP.No.11711 of 2025 O rfoc ■yfo 0 5 JUN 2025 mi iSO ca/ 5^ ALLOWING THE W.P. WITHOUT COSTS