APHC010432432026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE 7th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE ALAPATI GIRIDHAR WRIT PETITION NO: 23501 OF 2026 Between: 1. Addagiri Swathi,, W/o Late Ramakoteswara Rao, Aged about 39 years, Occ Tailoring, R/o Hussain Nagaram Village, Pedakurapadu Mandal, Palnadu District, Andhra Pradesh - 522402. (The mother, natural guardian, single parent and next friend of the minor victim and detenue Addagiri Jyothika) ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary to Government, Home Department, A.P. Secretariat, Velagapudi, Amaravati, Andhra Pradesh. 2. The Director General of Police, Andhra Pradesh. 3. The Superintendent of Police, Guntur District, Andhra Pradesh. 4. The Station House Officer, Pattabhipuram Police Station, Guntur Town, Guntur District, Andhra Pradesh. 5. Kancharla Venkateswara Rao Venkatesh, S/o Chinna Bhupaiah (g) Chinna Gopaiah, Aged about 24 years, R/o Hussain Nagaram Village, Pedakurapadu Mandal, Palnadu District, Andhra Pradesh ...Respondents 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 toIssue a Writ of Habeas Corpus, or any other appropriate writ, order or direction, directing Respondents 1 to 4 to forthwith and effectively trace out and produce the body of the minor detenue, Addagiri Jyothika, before this Honble Court, and thereafter to restore her custody to the Petitioner, her mother and natural guardian (B) Direct Respondent No.4 to forthwith register/alter the case in Cr. No. 431/2026 of Pattabhipuram Police Station from Girl Missing Person to the appropriate provisions of the Bharatiya Nyaya Sanhita, 2023, relating to kidnapping of a minor from lawful guardianship and abduction to compel marriage or to force or seduce her to illicit intercourse, read with the relevant provisions of the Protection of Children from Sexual Offences Act, 2012, and to formally array Respondent No.5, Kancharla Venkateswara Rao @ Venkatesh, as an accused therein, having regard to the CCTV evidence already furnished to and in the possession of the police establishing his role in the kidnapping (C) Direct Respondents 1 to 4 to afford adequate police protection to the minor detenue upon her recovery and to take all necessary steps to secure her life. safety and dignity, including her production before the jurisdictional Child Welfare Committee and the Honble Special Court in S.C. No. 1136 of 2025, with due regard to confidentiality under Section 24 of the POCSO Act, 2012 IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased direct Respondents 1 to 4 to immediately and effectively search for and trace the minor detenue and Respondent No.5 using all available technical and field resources, and to file a status report before this Hon'ble Court, Pending disposal of this Writ Petition Counsel for the Petitioner: SRIDEVI JAMPANI Counsel for the Respondents: THE ADVOCATE GENERAL The Court made the following order: THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE ALAPATI GIRIDHAR WRIT PETITION NO: 23501 OF 2026 ORDER: (per Ravi Nath Tilhari, J) The alleged detenu namely Addagiri Jyothika has been produced before this Court by respondent No.4. 2. The petition of Habeas Corpus was filed by the mother. At the time of filing of the petition, the detenu was minor. There is no dispute that she has attained majority during the pendency of the petition. As per the document of High School certificate (Ex.P7) her date of birth is 16.08.2008. 3. The detenu submits that she married with respondent No.5 on 21.08.2026. Presently, she has been produced from Swadhar Home, Guntur. She is pursuing her studies i.e., Intermediate First year. She submits that she is not willing to stay with the petitioner and she wants to stay in the Swadhar Home, Guntur and continue her studies. 4. On 31.08.2026, the following order was passed by the Co-ordinate Bench: “Mr.M.Hari Babu, learned counsel appeared on behalf of learned counsel for the petitioner. Mr.J.Krishna Praneeth, learned Assistant Government Pleader appeared on behalf of respondent Nos.1 to 4. Pursuant to the order dated 18.08.2026 the detenu was produced before this Court. The matter was taken up in the chamber. The detenu by name Ms.Addagari Jyothika, states that she and 5th respondent got married on 21.08.2026 in Chengalamma Temple, Sullurpet, Nellore District. On a specific query of this Court she states that she is not willing to stay with her mother/petitioner, rather preferred to stay in Swadhar Home, Guntur. Let the detenu be produced again on 07.09.2026 for passing of appropriate orders. List on 07.09.2026.” 5. As per the order dated 31.08.2026 she stated the same as has been stated today. 6. Considering that the detenu has attained majority as also she is not willing to stay with the petitioner but to stay at Swadhar home, this petition is disposed of observing that the detenu shall remain in Swadhar home till her wish for the purpose of her studies. So far as the cases pending against respondent No.5 under different crimes including the POCSO Act are concerned, they shall remain unaffected by virtue of this order. 7. Respondent No.4 shall ensure safe return of the detenu to the home. 8. The Writ Petition is disposed of with the above observations. No order as to costs. As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed. ____________________ RAVI NATH TILHARI,J ___________________ ALAPATI GIRIDHAR,J Dated: 07.09.2026 AG 174 THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE ALAPATI GIRIDHAR WRIT PETITION NO: 23501 OF 2026 Dated: 07.09.2026 AG