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2026 DAILYLAW 11335 (AP)

THE STATE OF ANDHRA PRADESH v. BATTIPALLI NIPUN @ NIPUN BATTIPALLI KUMAR

WA/1114/2026 · 2026-09-21

Challa Gunaranjan, Lisa Gill

body2026

Judgment text

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APHC010470852026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT APPEAL No.1114 of 2026 Bench Sr.No:-6 [3584] The State of Andhra Pradesh and others ...Appellants Vs. Battipalli Nipun @ Nipun Battipalli Kumar and others ...Respondents ********** CORAM : THE CHIEF JUSTICE LISA GILL SRI JUSTICE CHALLA GUNARANJAN DATE : 22nd September 2026 Present : Advocate for Appellants : Learned Government Pleader for Home Advocates for Respondents : Sri B. Pavan representing Sri Kilaru Nithin Krishna (R-1), Learned Deputy Solicitor General of India (R-2 & R-3). LISA GILL, CJ. This appeal has been filed by appellants, who are arrayed as respondent Nos.3 to 5 in W.P.No.15790 of 2026. 2. Learned counsel for appellants submits that challenge to order dated 07.07.2026 is restricted only to imposition of costs of Rs.20,000/- upon State, with a direction to recover same from concerned Station House Officer, Gudivada I Town Police Station, Krishna District. 2 HCJ & CGR, J W.A.No.1114 of 2026 3. Grievance raised by writ petitioner in said writ petition was that he was arrested in Crime No.71 of 2026 of Gudivada I Town Police Station, Krishna District, on 01.06.2026. His passport was also seized and retained in total violation of provisions of Passports Act, 1967, and that said authorities, as per settled law, did not have power to retain passport. 4. Learned Single Bench, while noting facts and circumstances, held that action of respondent No.5, i.e., appellant No.3/Station House Officer, Gudivada I Town Police Station, Krishna District, in seizing passport and continuing to retain same was absolutely arbitrary and contrary to provisions of Passports Act as well as law laid down by Hon’ble the Supreme Court. Writ petition was thus disposed of, directing Station House Officer, Gudivada I Town Police Station, to take necessary steps for release of petitioner’s passport. Costs of Rs.20,000/- were also directed to be paid to writ petitioner within four (4) weeks and same to be recovered from Station House Officer. 5. Learned counsel for appellants submits that it was due to a bona fide mistake that passport was seized in course of investigation along with other material objects without any mala fide intention. It was placed before Court of competent jurisdiction along with said material objects and was deposited. 6. It is further submitted that in compliance of impugned order, Crl.M.P.No.4661 of 2026 was filed on 06.08.2026 before learned I Additional Judicial Magistrate of First Class, Gudivada, for release of passport of writ petitioner. Release of passport was directed on 13.08.2026 and same was 3 HCJ & CGR, J W.A.No.1114 of 2026 handed over to writ petitioner on 19.08.2026. It is submitted that Station House Officer/appellant No.3 has a clean and meritorious service record, having received several service recognitions and rewards, including five certificates of merit, thirty-two good service entries, seven case rewards, twenty-two M.S.C. and seven Advanced Increments, a total of 73. In case relief as prayed for is not granted, there shall be an adverse impact upon his service record and that he shall maintain due care and caution in future and shall ensure adherence to applicable law, rules and regulations. In the given facts and circumstances, it is prayed that costs directed to be recovered from Station House Officer be waived. 7. Learned counsel for writ petitioner submits that petitioner has no objection in case prayer of appellants is allowed. In given facts and circumstances and stand of writ petitioner, cost as imposed is waived. 8. Writ Appeal is, accordingly, disposed of. No order as to costs. Miscellaneous Petitions pending, if any, shall stand closed. LISA GILL, CJ CHALLA GUNARANJAN, J AMD Whether the order is Speaking/Reasoned : Yes / No Whether the order is Reportable : Yes / No 4 HCJ & CGR, J W.A.No.1114 of 2026 14 HON’BLE MRS. JUSTICE LISA GILL, CHIEF JUSTICE & HON’BLE MR. JUSTICE CHALLA GUNARANJAN WRIT APPEAL No.1114 of 2026 Dt:22.09.2026 AMD