APHC010098552026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3558] WEDNESDAY,THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 5418/2026 Between: 1. B.ADI NARAYANA, S/O B.NARASIMHULU AGE 44 YEARS, OCC CULTIVATION R/O 32, BEGUMA VAI PALLI, KADIRINATHUNIKOTA MULAKALACHERUVU (M), ANNAMAYYA DISTRICT 517390 2. B.RAMA DEVI, W/O B.ADI NARAYANA AGE 42 YEARS, OCC HOUSE WIFE R/O 32, BEGUMA VAI PALLI, KADIRINATHUNIKOTA MULAKALACHERUVU (M), ANNAMAYYA DISTRICT 517390 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY IT'S PRINCIPAL SECRETARY DEPARTMENT OF HOME SECRETARIAT, VELAGAPUDI, GUNTUR - 522237 2. THE SUPERINTENDENT OF POLICE, ANNAMAYYA DISTRICT 516269 3. THE STATION HOUSE OFFICER, MULAKALACHERUVU (M), ANNAMAYYA DISTRICT 517390 4. POTHULA HARINATH, S/O POTHULA KRISHNAPPA AGE 44 YEARS, OCC MEDIA REPORTER R/O NAYUNICHERUVUPALLI, KADIRINATHUNIKOTA POST MULAKALACHERUVU (M), ANNAMAYYA DISTRICT 517390 ...RESPONDENT(S): 2 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 topleased to issue a Writ, Order or direction more particularly one in nature of Writ of Habeas Corpus, declaring the inaction on the part of Respondents 2 and 3 in securing Petitioners daughter B.Manjula, aged 17 Years, from illegal custody of 4th Respondent herein, for producing detainee before Court of Law for giving custody to her natural guardians, the Petitioners herein, by following due process of law as illegal, arbitrary, unconstitutional, violative of Articles 14, 21 and 22 of the Constitution of India and consequently direct the Respondents 2 and 3 to secure Petitioners daughter B.Manjula, Aged 17 Years, from detainment of 4th Respondent herein, forth with set her at liberty by handing her over to her natural guardians the Petitioners herein, Counsel for the Petitioner(S): 1. N CHANDRA SEKHAR REDDY Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 3 THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 5418/2026 ORDER: (Per Sri Justice Cheekati Manavendranath Roy) This writ petition for Habeas Corpus under Article 226 of the Constitution of India is filed seeking direction to respondent Nos.2 and 3 – police officials to produce the corpus by name B.Manjula, who is a minor aged about 17 years, who is alleged to be in the illegal custody of respondent No.4 and was detained by him before the Court and to give her custody to the petitioners who are her parents and natural guardians. 2. Heard Sri N.Chandra Sekhar Reddy, learned counsel for the petitioners and the learned Assistant Government Pleader appearing for official respondent Nos.1 to 3. 3. When the matter is taken up for admission today, learned counsel for the petitioners submits that the police have traced the corpus by name B.Manjula, who is a minor daughter of the petitioners and the police have given her custody to the petitioners yesterday i.e. on 24.02.2026. 4. Learned Assistant Government Pleader appearing for the official respondent Nos.1 to 3, on instructions submits that earlier, the petitioners who are the parents of the corpus lodged a report with respondent No.3 – Station House Officer of Mulakalacheruvu Police Station of Annamayya District stating 4 that their minor daughter was missing and on the basis of the said report, a case relating to ‘Missing of a Girl’ was registered and the police traced her in Iskon Temple of Bangaluru and they brought her to her home town and has given her custody to her parents. 5. However, as can be seen from the specific averments made in the writ petition, it is clearly stated that on 19.02.2026 at about 21 hours, respondent No.4 herein who was a married man has lured the minor daughter of the petitioners and has taken her away from the lawful custody of her parents from their residence and thereafter, illegally confined her. Therefore, in view of the said specific allegations made against respondent No.4, respondent No.3 – Station House Officer of Mulakalacheruvu Police Station shall register a case against respondent No.4 as a specific allegation was made against him that he has taken away the minor daughter of the petitioners from their illegal custody on 19.02.2026 as it amounts to committing an offence under law. But, there is nothing to indicate from the submissions made by the learned Assistant Government Pleader as per the instructions received by him that any case was registered against respondent No.4 or not. Therefore, respondent No.3 has to take an appropriate legal action against respondent No.4 if it is found that he has taken away the minor girl from the lawful custody of the petitioners, who are her parents. In fact, as per the News paper clipping produced by the petitioners with the writ petition, a news also published in the local news paper stating the respondent No.4 has kidnapped the minor girl. 5 So, the inaction on the part of the police in not taking appropriate legal action against the culprit is to be seriously deprecated. 6. Therefore, as it is now stated that the corpus is traced and her custody is given to the petitioners, who are her parents, nothing survives in this writ petition for adjudication. 7. Therefore, the writ petition is closed. But, respondent No.3 – Station House Officer shall register a case against respondent No.4 and investigate the case and if it is found that he has taken away the minor girl from the lawful custody of her parents, an appropriate legal action has to be taken against him. 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: 25.02.2026 KA 6 THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 5418/2026 Date: 25.02.2026 KA