APHC010642462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3558] MONDAY, THE FIRST 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.33160 of 2025 Between: 1. MALLEBOINA RAJESWARI, W/O BALARAJU, AGED ABOUT 67 YEARS, OCC. HOUSE WIFE, R/O. 7-1, RACHERLA VILLAGE, PRAKASAM DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY-HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI AT AMARAVATI 2. THE DIRECTOR GENERAL OF POLICE, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH 3. THE SUPERINTENDENT OF POLICE, PRAKASAM DISTRICT, ONGOLE. 4. THE DEPUTY SUPERINTENDENT OF POLICE, MARKAPURAM DIVISION, MARKAPURAM, PRAKASAM DISTRICT. 5. THE CIRCLE INSPECTOR, GIDDALUR RURAL CIRCLE 2 CMR,J & GTK,J W.P.No.33160 of 2025 POLICE STATION, GIDDALUR, PRAKASAM DISTRICT 6. THE SUB-INSPECTOR OF POLICE, RACHERLA POLICE STATION, RACHERLA, PRAKASAM DISTRICT. 7. THE SUB-INSPECTOR, KOMAROLU POLICE STATION, KOMAROLU, PRAKASAM DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. JOSEPH PREM KUMAR KUMMARIKUNTA Counsel for the Respondent(S): 1. THE ADVOCATE GENERAL The Court made the following: 3 CMR,J & GTK,J W.P.No.33160 of 2025 THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HON’BLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION No.33160 of 2025 O R D E R: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Heard learned counsel for the petitioner and learned Assistant Government Pleader attached to the office of the learned Advocate General appearing for the respondents. 2. The corpus, by name Malleboina Vinod Kumar, is an employee working in the Indian Army. He has been deployed to work at a place of high-altitude at the border of the country. The petitioner is the mother of the corpus. It is stated that the corpus has received summons from the Court of Additional Civil Judge (Junior Division), Giddalur, through army authorities and when he reached Delhi on his way to attend the Court at Giddalur, which has issued summons against him, the police arrested him in Delhi on 25.11.2025 at about 6.15 pm. and they have taken him to Moulana Azad Medical College and Lok Nayak Hospital in new Delhi to undergo medical tests and thereafter, his whereabouts are not known. Therefore, the petitioner, who is the mother of the corpus, has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India and filed this writ of habeas corpus seeking direction to the 4 CMR,J & GTK,J W.P.No.33160 of 2025 7th respondent to produce the corpus, who is presently in the custody of the 6th respondent, before this Court and to set him at liberty. 3. Learned Assistant Government Pleader, on instructions, submits that a case in Crime No.19 of 2025 was registered against the corpus in Racherla Police Station of Prakasam District for the offences punishable under Sections 79, 232 and 351(2) of BNS and the police have investigated the said case and filed charge sheet against him before the Additional Judicial Magistrate of First Class, Giddalur, and as the corpus was absconding, the Court has issued a non-bailable warrant against him to secure his presence for trial. He further submits, on instructions, that in execution of the said non-bailable warrant, the corpus was arrested on 25.11.2025 at 6.15 p.m. in Delhi and thereafter, he was produced before the Court and was remanded to judicial custody and he is now lodged in Sub-Jail, Giddalur. 4. Learned counsel for the petitioner, also, fairly conceded that a case in Crime No.19 of 2025 was registered against the corpus in Racherla Police Station. The petitioner has also admitted the said fact in the pleadings of the writ petition. The fact that after filing of the charge sheet, the said case was registered as C.C.No.366 of 2025 on the file of the aforesaid Court was also clearly admitted in para 6 of the writ petition. 5 CMR,J & GTK,J W.P.No.33160 of 2025 5. Therefore, when a crime was registered against the corpus and when charge sheet was filed after completion of investigation against him and when the trial Court issued a non-bailable warrant to secure his presence for trial and when he was arrested by the police in execution of the said non-bailable warrant, it cannot be said under any stretch of reasoning that his arrest was illegal or that he has been in illegal confinement or detention so as to entertain this writ petition for habeas corpus. The petitioner or the corpus has to take recourse to law by filing an application for grant of bail to the corpus before the concerned Court. 6. Therefore, this writ petition is dismissed, leaving it open to the petitioner or the corpus to file an appropriate application for grant of bail to the corpus before the concerned Court. There shall be no order as to costs. As a sequel, interlocutory applications, if any pending, in this case shall stand closed. ________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY ______________________________________ JUSTICE TUHIN KUMAR GEDELA Date: 01.12.2025 IBL 6 CMR,J & GTK,J W.P.No.33160 of 2025 THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION No.33160 of 2025 Dt: 01.12.2025 IBL