APHC010217062022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 14461/2022 Between: 1. HARIVARAM LAKSHMI TULASI, W/O.VISWESWARA RAO, AGED ABOUT 55 YEARS, OCC. HOUSE-WIFE, R/O. FLAT NO.201, VIJAYA TOWERS, 5/7TH LINE, ANNAPURNA NAGAR, GORANTLA VILLAGE, GUNTUR MANDAL, GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE INSPECTOR GENERAL OF POLICE, ELURU RANGE, ELURU. 3. THE SUPERINTENDENT OF POLICE, EAST GODAVARI DISTRICT AT KAKINADA. 4. THE DEPUTY SUPERINTENDENT OF POLICE SDPO, LAW AND ORDER, KAKINADA TOWN, KAKINADA, EAST GODAVARI DISTRICT. 5. V BHEEMA RAO, DSP / SDPO, LAW AND ORDER, KAKINADA TOWN, KAKINADA, EAST GODAVARI DISTRICT. 6. THE STATION HOUSE OFFICER, KAKINADA I TOWN POLICE STATION, KAKINADA, EAST GODAVARI DISTRICT. 7. MR RAJANI KUMAR, CIRCLE INSPECTOR OF POLICE, KAKINADA I TOWN POLICE STATION, KAKINADA, EAST GODAVARI DISTRICT. 8. GUDE ANJANEYULU, S/O.KRISHNA MURTHY, AGED ABOUT 37 YEARS, OCC. NOT KNOWN TO THE PETITIONER, R/O.DOOR NO.54-6-3, MUDRAGADDA COMPLEX, VEDABATLAVARI STREET, JAGANAYAKAPUR, KAKINADA URBAN, KAKINADA, EAST GODAVARI DISTRICT. 9. YAGANTI DURGA PRASADA RAO, S/O. CHINNA NAGAIAH, AGED ABOUT 55 YEARS, OCC. REAL ESTATE BUSINESS, R/O.FLAT NO.301, YAGANTI PARKWOOD APARTMENTS, 12TH LINE, SRIRAM NAGAR, GORANTLA, GUNTUR MANDAL, GUNTUR DISTRICT. 2 10. HARENDRANATH CHOWDARY, S/O. SIVAIAH, AGED ABOUT 40 YEARS, OCC. SOFTWARE ENGINEER, R/O.VELURU VILLAGE, CHILAKALURIPET MANDAL, GUNTUR DISTRICT. 11. POLU NAGA MALLESWARA RAO, S/O. RAMAIAH, AGED ABOUT 41 YEARS, OCC. MONEY LENDER, R/O.DOOR NO.2-65, DONDAPADU VILLAGE, TULLURU MANDAL, GUNTUR DISTRICT. 12. PARAKANDLA SANTHIRAM, S/O. SUBBA RAO, AGED ABOUT 40 YEARS, OCC. MONEY LENDER, R/O.DOOR NO.6-89, KOPPURAVURU VILLAGE, PEDAKAKANI MANDAL, GUNTUR DISTRICT. 13. KOMMINENI CHANDRA SEKHAR, S/O. SIVAIAH, AGED ABOUT 29 YEARS, OCC. MONEY LENDER, R/O.DOOR NO.3-139, DONDAPADU VILLAGE, TULLUR MANDAL, GUNTUR DISTRICT. 14. P S N MURTHY, S/O. NOT KNOWN TO THE PETITIONER, AGED ABOUT 52 YEARS, OCC. NOT KNOWN TO THE PETITIONER, R/O.DOOR NO.5-14-211, SABITHA RAJ APARTMENTS, RAILWAY COLONY, INDIRAPURI, WEST MAREDUPALLI, SECUNDERABAD, TELANGANA STATE. ...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 pleased to issue a writ, order or direction more particularly one in the nature of a writ of mandamus declaring the high handed action on the part of the respondent No.4 to 7 in forcefully taking away the petitioner's minor grand-son by name Harivaram Sujan Rama Simha, who is aged about 15 months who is a breast feeding child on 23-04-2022 at 2-30 a.m. and keeping him in their custody till 23-04-2022 22.00 hrs and pressurizing the petitioner to produce her elder son by name Harivaram Ramanjaneyulu for settle civil disputes with respondents No.8 to 14 as contrary to the G.O.Ms.No.288 / 2010, dated 06-11-2010 as arbitrary, illegal, colorble exercise of power and violate the fundamental rights guaranteed to the petitioner and her grand-son under Article 21 of the Constitution of India, and consequently direct the respondent Nos.2 and 3 to look into the investigation of crime in FIR No.70 / 2022 on the file of the Kakinada I Town Police Station as procedure contemplated under section 36 of Criminal Procedure Code and pass Counsel for the Petitioner: 1. P V N KIRAN KUMAR Counsel for the Respondent(S): 1. GP FOR HOME 3 The Court made the following: ORDER: This Writ Petition under Article 226 of the Constitution of India, has been filed, by the Petitioner for the following relief: < ... to issue a writ, order or direction more particularly one in the nature of a writ of mandamus declaring the high handed action on the part of the respondent Nos.4 to 7 in forcefully taking away the petitioner's minor grand-son by name Harivaram Sujan Rama Simha, who is aged about 15 months who is a breast feeding child on 23-04-2022 at 2-30 a.m. and keeping him in their custody till 23-04-2022 22.00 hrs and pressurizing the petitioner to produce her elder son by name Harivaram Ramanjaneyulu for settle civil disputes with respondents No.8 to 14 as contrary to the G.O.Ms.No.288 / 2010, dated 06-11- 2010 as arbitrary, illegal, colorble exercise of power and violate the fundamental rights guaranteed to the petitioner and her grand-son under Article 21 of the Constitution of India, and consequently direct the respondent Nos.2 and 3 to look into the investigation of crime in FIR No.70 / 2022 on the file of the Kakinada I Town Police Station as procedure contemplated under section 36 of Criminal Procedure Code and pass ...= None represented for the Petitioner. Learned Assistant Government Pleader on instructions would submit that based on the complaint lodged by respondent No.8, respondent Police registered a case in Crime No.70 of 2022 and that respondent Police never took away the minor grand-son of the Petitioner forcibly and requested to dispose of the Writ Petition by passing appropriate orders. Considering the submissions, this Writ Petition is disposed of. Respondent Police are directed to follow due process of law with regard to the subject matter. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 07.01.2026 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 14461 of 2022 07.01.2026 Mjl /*