APHC010698612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3558] MONDAY,THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 35742/2025 Between: 1. P LAKSHMI, W/O. SUBBAIAH, AGED ABOUT 45 YEARS, OCC HOUSEWIFE, R/O. CHOWDARY SATYANARAYANA COLONY, PN COLONY, SRIKAKULAM TOWN AND DISTRICT. ...PETITIONER AND 1. THE GOVERNMENT OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, SRIKAKULA DISTRICT, SRIKAKULAM. 3. THE INSPECTOR OF POLICE, J R PURAM CIRCLE, SRIKAKULAM DISTRICT 4. THE SUBINSPECTOR OF POLICE, ETCHERLA POLICE STATION, SRIKAKULAM 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 2 pleased topleased to issue a writ or order or direction more particularly one in the nature of Writ of Habeas Corpus under Article 226 of Constitution of India to directing the 2' respondent to produce detenue/Corpus Mr. P Kailash, S/o. Subbaiah, aged about 26 years, Rio. Chowdary Satyanarayana Colony, PN Colony, Srikakulam Town and District., wrongfully confined by the Respondents No. 4, before this Hon'ble Court immediately and for the court to deal with in accordance with law and pass Counsel for the Petitioner: 1. KALE VIJAYA RAJU Counsel for the Respondent(S): 1. THE ADVOCATE GENERAL 3 The Court made the following ORDER: (Per Sri Justice Cheekati Manavendranath Roy) This writ petition for Habeas Corpus has been filed by the petitioner seeking a direction to respondent No.2 – Superintendent of Police, Srikakulam District to produce the corpus by name P.Kailash, who is the son of the petitioner alleged to have been wrongfully confined by respondent No.4- Sub Inspector of Police, Etcherla Police Station, Srikakulam District before the Court and pass an order according to law. 2. Heard Sri Kale Vijaya Raju, learned counsel for the petitioner and the learned Assistant Government Pleader, attached to the office of the learned Advocate General, appearing for the official respondent Nos.1 to 4. 3. It is the case of the petitioner that her son by name P.Kailash, (hereinafter be referred to “the corpus”) was taken by the police personnel of respondent No.4 Etcherla Police Station and since then he was detained in their custody and they are not permitting the petitioner or any of her family members to meet the corpus and when the petitioner went to the police station on 17.12.2025 at about 9.30 AM, the corpus was not found in the police station and she came to know that he was shifted to another police station for investigation and when the petitioner inquired from the police about the whereabouts of the corpus, respondent No.4 abused her in filthy language. 4 Thereafter, on 20.12.2025 when the petitioner along with her Advocate went to the Etcherla Police Station and requested respondent No.4 to show the corpus to her, they did not show the corpus to her. Therefore, alleging that the corpus has been illegally confined by respondent No.4, the present writ petition has been filed seeking the aforesaid relief. 4. Learned Assistant Government Pleader appearing for the official respondent Nos.1 to 4, on written instructions, submits that a crime was registered against the corpus originally in Etcherla Police Station in Crime No.279 of 2025 for the offences punishable under Sections 103(1) and 303 (2) of the Bharatiya Nyaya Sanhita (for short “the BNS”) and that respondent No.4 has summoned the corpus to the police station for enquiry in the said Crime on 16.12.2025, and thereafter, he was let off after enquiry. He further submits that another crime was registered against the corpus in Crime No.289 of 2025 of Rural Police Station of Srikakulam District, for the offences punishable under Sections 25 and 27 of Arms Act, 1959 read with Section 109 of Indian Penal Code, and that the corpus was arrested by Srikakulam Rural Police in the said crime on 21.12.2025 and that he was produced before the learned Additional Judicial Magistrate of First Class, Srikakulam on 21.12.2025 and he was remanded to judicial custody. He submits that at present, the corpus is in judicial custody. Therefore, he submits that the corpus was not illegally confined or detained by respondent No.4, as alleged 5 by the petitioner and that the petitioner has suppressed the aforesaid facts and filed this writ petition. 5. Learned counsel for the petitioner also now concedes that the petitioner has been remanded to judicial custody after he was produced before the concerned Magistrate on 21.12.2025. However, he pleads ignorance of registration of a crime against the corpus in Etcherla Police Station and that he was summoned to the police station for inquiry in this crime. 6. Therefore, from the aforesaid submissions made by the learned Assistant Government Pleader on written instructions, which are now placed on record, it is evident that as a crime was registered against the corpus in Etcherla Police Station that he was earlier summoned to the police station on 21.12.2025 for inquiry and after inquiry he was let off and thereafter he was arrested in connection with a crime registered by Srikakulam Rural Police and that he was arrested in the said crime and thereafter remanded to judicial custody on his production before the concerned Court. So, it cannot be said that the corpus was illegally detained or confined by respondent No.4, as alleged by the petitioner. Therefore, the writ petition for Habeas Corpus is not maintainable, as it is not found that the corpus was illegally detained or confined by respondent No.4. 6 7. Resultantly, the Writ Petition is dismissed. However, the petitioner, as well as the corpus, are at liberty to move an application for bail on behalf of the corpus in the crime in which he was arrested before the concerned Magistrate. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY _____________________________ JUSTICE TUHIN KUMAR GEDELA Date: 22.12.2025 KA 7 THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 35742/2025 Date: 22.12.2025 KA