APHC010051792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3525] MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 2611/2025 Between: Gaddipati Divya Sri, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. AKULA VAMSI KRISHNA Counsel for the Respondent(S): 1. THE ADVOCATE GENERAL The Court made the following Order: (per Hon’ble Sri Justice R. Raghunandan Rao) The petitioner, has approached this Court, with a complaint that her husband had been detained by the 4th respondent – Robertsonpeta Police Station, in Crime No.24 of 2025, on 28.01.2025, while the arrest was officially shown to have been done, on 31.01.2025. It is the contention of the petitioner that, there was an illegal detention of the husband of the petitioner for three (03) days and the subsequent production of her husband, more than 24 hours, after being detained, is illegal. 2 RRR,J & Dr.KMR,J W.P.No.2611 of 2025 2. Learned counsel for the petitioner would contend that, these facts were brought to the notice of the learned II Additional Judicial Magistrate, Machilipatnam, when the detenue was produced before the learned Magistrate. 3. Learned counsel for the petitioner would submit that the learned Magistrate has not gone into this issue and had passed an order of remand, whereby the detenue has been remanded to judicial custody. Learned counsel for the petitioner would also submit that the detenue has subsequently been released on bail. 4. It is settled law that, this Court while exercising jurisdiction under Article 226 of the Constitution of India, cannot intervene when there is an order of remand by a Magistrate of competent jurisdiction, unless the order is passed without application of mind. 5. In the present case, this Court is not in a position to take such a view. 6. In these circumstances, this Writ Petition is disposed of, leaving it open to the petitioner or detenue to raise the said issue of illegal detention, before the learned II Additional Judicial Magistrate, Machilipatnam and the same will be looked into by the learned II Additional Judicial Magistrate, Machilipatnam. There shall be no order as to costs. 3 RRR,J & Dr.KMR,J W.P.No.2611 of 2025 As a sequel, pending miscellaneous applications, if any, shall stand closed. ________________________ R. RAGHUNANDAN RAO, J _______________________ Dr. K. MANMADHA RAO, J Date:17.03.2025 KPV 4 RRR,J & Dr.KMR,J W.P.No.2611 of 2025 85 THE HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO AND THE HON’BLE DR. JUSTICE K. MANMADHA RAO WRIT PETITION No:2611of 2025 (per Hon’ble Sri Justice R. Raghunandan Rao) 17.03.2025 KPV