APHC010703482025 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE WRIT PETITION NO: 36075/2025 Between: 1. KANIKELLI ARONU,, S/O. BALA RAJU, AGED 40 YEARS, R/O. 1 SC COLONY, RAMASINGAVARAM, DWARAKA TIRUMALA, ELURU DISTRICT, ANDHRA PRADESH. 1. THE STATE OF ANDHRA SECRETARY FOR HOME BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DIRECTOR GENERAL OF POLICE, STATE OF ANDHRA PRADESH, POLICE HEAD QUARTERS, MANGALAGIRI, GUNTUR DISTRICT. 3. THE SUPERINTENDENT OF POLICE, ELURU DISTRICT, ANDHRA PRADESH. 4. THE STATION HOUSE OFFICER, DWARAKA TIURMALA POLICE STATION, ELURU DISTRICT, ANDHRA PRADESH. 5. BIRUDUGADDA RAJU, S/O. PRASAD, AGED 22 YEARS, R/O. RAMASINGAVARAM, DWARAKA TIRUMALA, ANDHRA PRADESH. 6. MANUKONDA RAJ KUMAR, S/O NAGESWARA RAO, AGED 19 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE TWENTY THIRD 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: 36075/2025 KANIKELLI ARONU,, S/O. BALA RAJU, AGED 40 YEARS, R/O. 1 SC COLONY, RAMASINGAVARAM, DWARAKA TIRUMALA, ELURU DISTRICT, ANDHRA PRADESH. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY FOR HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. THE DIRECTOR GENERAL OF POLICE, STATE OF ANDHRA PRADESH, POLICE HEAD QUARTERS, MANGALAGIRI, GUNTUR THE SUPERINTENDENT OF POLICE, ELURU DISTRICT, ANDHRA THE STATION HOUSE OFFICER, DWARAKA TIURMALA POLICE STATION, ELURU DISTRICT, ANDHRA PRADESH. BIRUDUGADDA RAJU, S/O. PRASAD, AGED 22 YEARS, R/O. RAMASINGAVARAM, DWARAKA TIRUMALA, ELURU DISTRICT, ANDHRA PRADESH. MANUKONDA RAJ KUMAR, S/O NAGESWARA RAO, AGED 19 IN THE HIGH COURT OF ANDHRA PRADESH [3558] THE TWENTY THIRD DAY OF JANUARY THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY SRI JUSTICE TUHIN KUMAR GEDELA KANIKELLI ARONU,, S/O. BALA RAJU, AGED 40 YEARS, R/O. 1-214, SC COLONY, RAMASINGAVARAM, DWARAKA TIRUMALA, ELURU ...PETITIONER TS PRINCIPAL DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, THE DIRECTOR GENERAL OF POLICE, STATE OF ANDHRA PRADESH, POLICE HEAD QUARTERS, MANGALAGIRI, GUNTUR THE SUPERINTENDENT OF POLICE, ELURU DISTRICT, ANDHRA THE STATION HOUSE OFFICER, DWARAKA TIURMALA POLICE BIRUDUGADDA RAJU, S/O. PRASAD, AGED 22 YEARS, R/O. ELURU DISTRICT, MANUKONDA RAJ KUMAR, S/O NAGESWARA RAO, AGED 19 2 CMR,J & GTK,J W.P.No.36075 of 2025 YEARS, R/O. SC COLONY, RAMASINGAVARAM, DWARAKA TIRUMALA, ELURU DISTRICT, ANDHRA PRADESH. 7. 7. KANIKELLA RAVI KISHORE, S/O ARONU, AGED 20 YEARS, R/O. 1- 214, SC COLONY, RAMASINGAVARAM, DWARAKA TIRUMALA, ELURU DISTRICT, ANDHRA PRADESH. 8. MADDALA DILIP KUMAR, S/O NAGESWARA RAO, AGED 16 YEARS, R/O. RAMASINGAVARAM, DWARAKA TIRUMALA, ELURU DISTRICT, ANDHRA PRADESH. 9. MANUKONDA HIMA KUMAR, S/O NAGESWARA RAO, AGED 20 YEARS, R/O. SC COLONY, RAMASINGAVARAM, DWARAKA TIRUMALA, ELURU DISTRICT, ANDHRA PRADESH. 10. KUNDA SYAM BABU SYAM PAUL, S/O. DAAVID RAJU, AGED 16 YEARS, R/O. 1-124, JAGANNADHAPURAM, DWARAKA TIRUMALA, ELURU DISTRICT, ANDHRA PRADESH. ...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 or Order or Direction more particularly one in nature of Writ of Habeas Corpus or any other Writ, order or direction directing the respondents to produce my son i.e., the 7th respondent and his friends i.e., the respondents 5, 6 and 8 to 10 before this Hon’ble Court Counsel for the Petitioner: 1. V SAI KUMAR Counsel for the Respondent(S): 1. THE ADVOCATE GENERAL 3 CMR,J & GTK,J W.P.No.36075 of 2025 The Court made the following: ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Heard learned counsel for the petitioner and learned Assistant Government Pleader attached to the office of the learned Advocate General appearing for official respondent Nos.1 to 4. 2. Alleging that respondent No.4, who is the Station House Officer of Dwaraka Tirumala Police Station has illegally confined respondent Nos.5 to 10 herein and detained them, the petitioner, who is the father of respondent No.7, filed this writ petition for Habeas Corpus, seeking direction to the official respondents to produce respondent Nos.5 to 10 before the Court and then to pass appropriate orders, according to law. 3. When the matter is taken up for hearing today, for admission, learned counsel for the petitioner submits, on instructions, that a crime was registered against respondent Nos.5 to 10 in Dwaraka Tirumala Police Station and a notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023, (for short, ‘the BNSS Act’) was issued to respondent Nos.5 to 10 by the 4th respondent and after respondent Nos.5 to 10 visited the Police Station that after conducting enquiry the 4th respondent has sent away respondent Nos.5 to 10 and they are now at liberty. 4. 4. Learned Assistant Government Pleader also would submit, on instruction, that in a crime that was registered against respondent Nos.5 to 10, the 4th respondent has arrested them and thereafter, produced them before the learned Magistrate and the learned Magistrate has released them with a direction to the Police to follow the procedure contemplated under Section 35(3) of the BNSS Act. 5. If that be the case, it cannot be said that respondent Nos.5 to 10 have been illegally confined or detained by the 4th respondent, as alleged by the petitioner. 4 CMR,J & GTK,J W.P.No.36075 of 2025 6. Therefore, the Writ Petition is dismissed. However, the law has to take its own course in respect of the crime that was registered against respondent Nos.5 to 10. 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: 23.01.2026 MDP