APHC010405602025 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI WRIT PETITION NO: 20721/2025 Between: 1. NAGINENI MADHAVILATHA, W/O SURI BABU, AGED ABOUT 40 YEARS, R/O MULPURU VILLAGE, AMARTHALURU MANDAL BAPATALA DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY HOME DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE, MANGALAGIRI, GUNTUR DISTRICT. 3. THE SUPERINTENDENT OF POLICE, BAPATLA, BAPATLA DISTRICT. 4. THE STATION HOUSE OFFICER, AMARTHALURU POLICE STATION, AMARTHALURU MANDAL, BAPATIA DISTRICT. Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, pleased to pleased to issue an order or orders, more particularly one in the nature of WRIT OF HABEAS CORPUS directing the Respondents herein to produce the detenue namely viz. Nagineni Suri Babu, Hindu, Aged about 52 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FOURTH 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: 20721/2025 NAGINENI MADHAVILATHA, W/O SURI BABU, AGED ABOUT 40 YEARS, R/O MULPURU VILLAGE, AMARTHALURU MANDAL BAPATALA DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY HOME DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. THE DIRECTOR GENERAL OF POLICE, MANGALAGIRI, GUNTUR THE SUPERINTENDENT OF POLICE, BAPATLA, BAPATLA THE STATION HOUSE OFFICER, AMARTHALURU POLICE STATION, AMARTHALURU MANDAL, BAPATIA 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 to issue an order or orders, more particularly one in the nature of WRIT OF HABEAS CORPUS directing the Respondents herein to produce the detenue namely viz. Nagineni Suri Babu, Hindu, Aged about 52 IN THE HIGH COURT OF ANDHRA PRADESH [3558] TUESDAY, THE FOURTH DAY OF NOVEMBER THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY JUSTICE TUHIN KUMAR GEDELA NAGINENI MADHAVILATHA, W/O SURI BABU, AGED ABOUT 40 YEARS, R/O MULPURU VILLAGE, AMARTHALURU MANDAL ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY HOME DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, THE DIRECTOR GENERAL OF POLICE, MANGALAGIRI, GUNTUR THE SUPERINTENDENT OF POLICE, BAPATLA, BAPATLA THE STATION HOUSE OFFICER, AMARTHALURU POLICE STATION, AMARTHALURU MANDAL, BAPATIA DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the the High Court may be pleased to issue an order or orders, more particularly one in the nature of WRIT OF HABEAS CORPUS directing the Respondents herein to produce the detenue namely viz. Nagineni Suri Babu, Hindu, Aged about 52 2 CMR,J & GTK,J W.P.No.20721 of 2025 years, R/o. Door No. 10-115, High School Road, Mulpuru Village, Bapatla District before this Hon'ble court and record the statement of the detenue herein and if there is no case pending against the detenue set free, and basing on the statement and pass Counsel for the Petitioner: 1. CH MARKONDAIAH Counsel for the Respondent(S): 1. THE ADVOCATE GENERAL 3 CMR,J & GTK,J W.P.No.20721 of 2025 The Court made the following: ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) This writ petition for Habeas Corpus is filed seeking direction to the respondents-Police officials to produce the Corpus by name Nagineni Suri Babu, resident of Mulpuru Village, Amarthaluru Mandal, Bapatla District, before the Court and to record his statement and then to pass orders according to law. 2. Heard learned counsel for the writ petitioner and learned Government Pleader attached to the office of learned Advocate General appearing for the respondents-Police officials. 3. Earlier, on 06.08.2025, a Co-ordinate Bench of this Court recorded the submissions made by learned Government Pleader on behalf of respondent No.4, on instructions, that the Station House Officer of Amarthaluru Police Station did not take the Corpus into custody, as alleged and stated that the writ petitioner has lodged a report on 18.07.2025 alleging that her husband was beaten up by certain persons and requested to take action against the said persons. On that day, learned counsel for the writ petitioner requested time to verify the truth otherwise of the said submissions made by learned Government Pleader. When the matter is again taken up on 18.08.2025, learned counsel for the writ petitioner submitted that the whereabouts of the Corpus are not known. Therefore, the Court has directed respondent No.4 to ascertain the whereabouts of the Corpus and inform about the same to the 4 CMR,J & GTK,J W.P.No.20721 of 2025 Court. Then, on 23.09.2025, learned Government Pleader, on instructions, submitted that the Police are making efforts to find out the whereabouts of the Corpus and it is found that the Corpus has voluntarily left the house and steps are being taken to trace his whereabouts. On 28.10.2025, when the matter was again listed before the Court, learned counsel for the writ petitioner complained that, in fact, the Police have visited the house of the writ petitioner on 15.07.2025 and they have whisked away her husband, who is the Corpus, from the house. To a pointed question, whether the writ petitioner got any evidence to prove the said fact that the Police have whisked away the Corpus from her house on 15.07.2025, learned counsel for the writ petitioner requested time to obtain instructions in this regard. Therefore, the matter is ordered to be listed today for taking instructions by the learned counsel for the writ petitioner and this Court has also directed the Station House Officer of Amarthaluru Police Station-respondent No.4 to appear before the Court. 4. Pursuant to the direction given on 28.10.2025, the Station House Officer of Amarthaluru Police Station-respondent No.4 is present before the Court and emphatically stated that he or his Police personnel did not visit the house of the writ petitioner on 15.07.2025 and they did not take the Corpus from his house by force and he was never in their custody. 5. Today, learned counsel for the writ petitioner submits, on instructions that the writ petitioner has no evidence to prove that the Police came to her 5 CMR,J & GTK,J W.P.No.20721 of 2025 house on 15.07.2025 and whisked away her husband who is the Corpus, from the house. 6. The Corpus is also present before the Court today. When questioned by the Court, he has stated that earlier some altercation took place between him and the six persons named in the writ petition i.e., Muvva Srinivasa Rao and others and they have threatened him with dire consequences to do away with his life and apprehending danger to his life that he left his house voluntarily and went away to Bihar State about three (3) months back and has been staying in Patna. He further stated that about ten (10) days back a person by name Venkata Rao, who is also a driver by profession came to Patna for unloading some goods in Patna and at that time he met him and informed that the said six persons are attacking his family members by visiting his house. So, he came back to his village yesterday to take care of his family members. To a pointed question, whether he has been illegally detained by the Police or anyone, he has clearly and unequivocally stated that he was not detained illegally by anyone or by the Police and he has voluntarily left his house and went away to Patna. 7. Therefore, it is now evident from the said statement given by the Corpus before the Court that he was not whisked away by the Police on 15.07.2025 from his house, as alleged by the writ petitioner, who is his wife. It is also evident that he has been not illegally detained or confined by the Police or any person, as he has voluntarily left his house and went to Patna and has been 6 CMR,J & GTK,J W.P.No.20721 of 2025 residing there and as he has voluntarily appeared before the Court today and explained the situation which constrained him to leave his house and to go to Patna. Recording the same, as we are satisfied that he was not illegally confined or detained by the Police or anyone, this Writ Petition is closed. 8. However, as he is apprehending danger to his life in the hands of the aforesaid alleged assailants, he is at liberty to lodge a report to that effect before the concerned Police. If any such report is lodged by him, the respondents-Police officials shall take appropriate action according to law and provide adequate protection to his life and liberty and also to his family members. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY _____________________________ JUSTICE TUHIN KUMAR GEDELA Date: 04.11.2025 MDP