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2025 DAILYLAW 55299 (AP)

KASI VIJAY KUMARI v. THE STATE OF ANDHRA PRADESH

WP/35331/2025 · 2025-12-21

Cheekati Manavendranath Roy, Tuhin Kumar Gedela

body2025

Judgment text

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APHC010690082025 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 AND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION No.35331 of 2025 Between: 1. KASI VIJAY KUMARI, W/O LATE VENKATESWARA RAO, AGED ABOUT 75 YEARS, SENIOR CITIZEN, OCC: HOMEMAKER, R/O FLAT NO.302, KARTHIKEYA ENCLAVE, IBRAHIMPATNAM, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI. 2. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH, MANGALAGIRI. 3. THE SUPERINTENDENT OF POLICE, DR. B.R. AMBEDKAR KONASEEMA DISTRICT. 4. THE STATION HOUSE OFFICER, UPPALAGUPTAM POLICE STATION, DR. B.R. AMBEDKAR KONASEEMA DISTRICT. 2 CMR,J & GTK,J W.P.No.35331 of 2025 5. UNKNOWN PERSONS/POLICE PERSONNEL IN CIVIL DRESS, WHO FORCIBLY ENTERED THE PETITIONER'S RESIDENCE ON 17.12.2025 AT ABOUT 6.00 AM AND ILLEGALLY TOOK AWAY THE DETENU CLAIMING TO BELONG TO UPPALAGUPTAM POLICE STATION. ...RESPONDENT(S): Counsel for the Petitioner: 1. V R MAHESWARA RAO PALETI Counsel for the Respondent(S): 1. THE ADVOCATE GENERAL The Court made the following: 3 CMR,J & GTK,J W.P.No.35331 of 2025 THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HON’BLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION No.35331 of 2025 O R D E R: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) This writ petition for habeas corpus has been filed seeking direction to the respondent police officials to produce the corpus, by name Kasi Meera Kumar, who is alleged to be in the illegal detention of the respondent police officials, and to order for his release forthwith. 2. Heard Mr. Paleti V.R. Maheswara Rao, learned counsel for the petitioner, and learned Assistant Government Pleader attached to the office of the learned Advocate General appearing for the official respondent Nos.1 to 4. 3. A crime was registered against the corpus, by name Kasi Meera Kumar, in Crime No.219 of 2025 on 09.11.2025 in Uppalaguptam Police Station of Dr. B.R. Ambedkar Konaseema District. The corpus has filed Crl.P.No.11943 of 2025 before this Court for quash of the said F.I.R. In the said criminal petition, he has filed I.A.No.2 of 2025 seeking stay of further proceedings relating to the above Crime No.219 of 2025. This Court, by order dated 24.11.2025 passed in the above I.A.No.2 of 2025, directed the police not to take any coercive steps against the corpus, who is accused No.1 in the said Crime No.219 of 2025, till the next date of hearing. This Court, however, made it clear that the said interim order does not preclude the police from proceeding with the investigation and filing a report. Alleging that in 4 CMR,J & GTK,J W.P.No.35331 of 2025 spite of the said order of this Court, the corpus was arrested by the police and he was taken into custody and as such, he was illegally detained and confined contrary to the orders of this Court, the present writ petition has been filed. 4. Learned Assistant Government Pleader appearing for the official respondents, on instructions, would submit that the aforesaid interim order passed by this Court, directing the police officials not to take any coercive steps against the corpus, has not been communicated to the police and it was also not uploaded and as such, the 4th respondent is not aware of the said order passed by this Court. Therefore, he submits that as a crime was registered against the corpus, he was arrested in connection with the said crime and after he was brought to the police station, he has produced a copy of the aforesaid interim order dated 24.11.2025 before the police and after going through the same, the police have immediately let off the corpus and they did not further detain him. The said fact is also admitted by the learned counsel for the petitioner. Earlier, when the matter came up for admission on 17.12.2025, this Court has recorded the same. 5. So, in the said facts and circumstances of the case, when the 4th respondent is not aware of the interim order passed by this Court directing the police not to take any coercive steps against the corpus and when the said interim order is not uploaded at the time of arrest of the corpus, it cannot be said under any stretch of reasoning that the 4th respondent, knowing fully well about the said order, has arrested corpus and has illegally detained him. In fact, after a copy of the said order is produced before the 4th respondent by the corpus after his arrest, the 4th respondent has immediately set the corpus at liberty. The said fact is not controverted before this court. 5 CMR,J & GTK,J W.P.No.35331 of 2025 6. At any rate, as the corpus is now released and he is set at liberty, the grievance of the petitioner, who is the mother of the corpus, has been adequately redressed. 7. Therefore, recording the aforesaid submissions made by both the learned counsel for the petitioner and the learned Assistant Government Pleader, the writ petition is closed. As a sequel, interlocutory applications, if any pending, in this case shall stand closed. There shall be no order as to costs. ________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY ______________________________________ JUSTICE TUHIN KUMAR GEDELA Date: 22.12.2025 IBL 6 CMR,J & GTK,J W.P.No.35331 of 2025 THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION No.35331 of 2025 Dt: 22.12.2025 IBL