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2026 DAILYLAW 15051 (AP)

ERAGADHILA LAKSHMI v. THE STATE OF ANDHRA PRADESH

WP/1578/2026 · 2026-01-19

Cheekati Manavendranath Roy, Tuhin Kumar Gedela

body2026

Judgment text

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APHC010022702026 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE WRIT PETITION NO: 1578 of Between: 1. ERAGADHILA LAKSHMI, W/O. ERAGADHILA SATHISH, AGED ABOUT 20 YEARS, R/O. D.NO. 7 VILLAGE AND MANDAL, NANDYALA DISTRICT, ANDHRA PRADESH-518422. 2. PEETLA PRABHUDASU,, S/O. VEERANNA, AGED ABOUT 21 YEARS, R/O. D.NO.9 MANDAL, NANDYALA DISTRICT, ANDHRA PRADESH 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, A.P VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH - 522238. 2. THE SUPERINTENDENT OF POLICE, KURNOOL DISTRICT, ANDHRA PRADESH 3. THE STATION HOUSE OFFICER, KURNOOL CCS POLICE STATION, KURNOOL DISTRICT, ANDHRA 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 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 1578 of 2026 ERAGADHILA LAKSHMI, W/O. ERAGADHILA SATHISH, AGED ABOUT 20 YEARS, R/O. D.NO. 7-73, SIDDAPALLE ROAD, ATMAKUR VILLAGE AND MANDAL, NANDYALA DISTRICT, ANDHRA 518422. PRABHUDASU,, S/O. VEERANNA, AGED ABOUT 21 YEARS, R/O. D.NO.9-11, SIDDAPURAM VILLAGE, ATMAKUR MANDAL, NANDYALA DISTRICT, ANDHRA PRADESH-518422. ...PETITIONER(S) AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, A.P SECRETARIAT OFFICE, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA 522238. THE SUPERINTENDENT OF POLICE, KURNOOL DISTRICT, ANDHRA PRADESH - 518002. THE STATION HOUSE OFFICER, KURNOOL CCS POLICE STATION, KURNOOL DISTRICT, ANDHRA PRADESH - 518002. ...RESPONDENT(S): 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 IN THE HIGH COURT OF ANDHRA PRADESH [3558] THE TWENTIETH DAY OF JANUARY THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY SRI JUSTICE TUHIN KUMAR GEDELA ERAGADHILA LAKSHMI, W/O. ERAGADHILA SATHISH, AGED 73, SIDDAPALLE ROAD, ATMAKUR VILLAGE AND MANDAL, NANDYALA DISTRICT, ANDHRA PRABHUDASU,, S/O. VEERANNA, AGED ABOUT 21 11, SIDDAPURAM VILLAGE, ATMAKUR 518422. ...PETITIONER(S) THE STATE OF ANDHRA PRADESH, REP. ...PETITIONER(S) THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARIAT OFFICE, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA THE SUPERINTENDENT OF POLICE, KURNOOL DISTRICT, THE STATION HOUSE OFFICER, KURNOOL CCS POLICE STATION, ...RESPONDENT(S): 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 2 CMR,J & GTK,J W.P.No.1578 of 2026 pleased to issue a Writ Order or direction particularly, one in the nature of writ of Habeas Corpus, declaring the action of Respondent No.3, who, without any authority of law, has detained the persons by name Eragadhila Sathish, S/o. Eragadhila Sattenna, aged about 34 years, R/o. D.No.7-73, Siddapalle Road, Atmakur Village and Mandal, Nandyala District, Andhra Pradesh-518422, and Gogula Kamalamma, aged about 46 years, R/o. D.No.9-1, Siddhapura, Village and Mandal, Nandyala District, Andhra Pradesh-518422, were detained for the past 2 days without the registration of any crime or any reason or justification. The said actions are arbitrary, illegal, and violative of Articles 14, 19, 21 and 22 of the Constitution of India and consequently direct the respondent no.3 to produce the detenues before this Hon'ble Court forthwith and to pass Counsel for the Petitioner(S): 1. ALLA TARUN KUMAR Counsel for the Respondent(S): 1. THE ADVOCATE GENERAL 3 CMR,J & GTK,J W.P.No.1578 of 2026 The Court made the following: ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) This writ petition under Article 226 of Constitution of India is filed for Habeas Corpus to declare the action of respondent No.3-Station House Officer, Kurnool CCS Police Station, in detaining the corpus namely, Eragadhila Sathish, who is the husband of the 1st petitioner and Gogula Kamalamma, who is the mother-in-law of the 2nd petitioner, without registration of any crime, as illegal and arbitrary and consequently sought direction to respondent No.3 to produce the corpus before the Court and then to pass appropriate orders according to law. 2. Heard learned counsel for the petitioners and learned Assistant Government Pleader attached to the office of the Advocate General appearing for the official respondent Nos.1 to 3. 3. Learned counsel for the petitioners, on instructions, submits that both the persons were released from the custody of the Police yesterday night i.e., on 19.01.2026 and they are at liberty and no orders are required to be passed at present. 4. Learned Assistant Government Pleader appearing for the official respondent Nos.1 to 3, on instructions, submits that in fact a crime in crime No.10 of 2026 was registered against the corpus namely Eragadhila Sathish and Gogula Kamalamma for the offences punishable under Section 303(2) of the Bharatiya Nyaya Sanhita Act, 2023, in Kurnool IV Town Police Station and a notice under Section 41(A) of Code of Criminal Procedure was only issued to them in connection with the said crime and they did not even attend the Police Station till now and they were not taken into custody and they were never detained or illegally confined by the 3rd respondent, as alleged by the petitioners. 4 CMR,J & GTK,J W.P.No.1578 of 2026 5. Considering the aforesaid submissions made by both the learned counsel for the petitioners and learned Assistant Government Pleader and as it is fairly admitted by the learned counsel for the petitioners that the corpus are not in illegal confinement or detention of the respondents at present and they are at liberty, recording the same, the Writ Petition is closed. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY _____________________________ JUSTICE TUHIN KUMAR GEDELA Date: 20.01.2026 MDP