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2026 DAILYLAW 4015 (AP)

CHALLAGAALI DEVAIAH v. THE STATE OF ANDHRA PRADESH

WP/16122/2026 · 2026-06-28

Ravi Nath Tilhari, Subhendu Samanta

body2026

Judgment text

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Date of reserved for orders : Date of pronouncement : Date of uploading : 04.07.2026 APHC010308842026 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY, THE 29 THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA WRIT PETITION NO: 16122/2026 Between: 1. CHALLAGAALI DEVAIAH, S/O. VENKATAIAH, AGED ABOUT 48 YEARS, R/O. 3-69, R K PALLI, MUSUNOOR, PRAKASAM, C.S. PURAM, ANDHRA PRADESH. 523112. 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH. 2. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH, MANGALAGIRI, GUNTUR 3. THE SUPERINTENDENT OF POLICE, PRAKASAM DISTRICT, ANDHRA PRADESH. 4. THE STATION HOUSE OFFICER, C.S. PURAM POLICE STATION, PRAKASAM DISTRICT ANDHRA PRADESH. 5. MEKA MARIYAMMA, D/O. YESU, AGED ABOUT 24 YEARS, R/O. 1 13, R.K. PALLI, MUSUNOOR, PRAKASAM, ANDHRA PRADESH. 523112. 29.06.2026 04.07.2026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE 29th DAY OF JUNE 2026 PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA WRIT PETITION NO: 16122/2026 CHALLAGAALI DEVAIAH, S/O. VENKATAIAH, AGED ABOUT 48 69, R K PALLI, MUSUNOOR, PRAKASAM, C.S. HRA PRADESH. 523112. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT. THE SUPERINTENDENT OF POLICE, PRAKASAM DISTRICT, ANDHRA PRADESH. THE STATION HOUSE OFFICER, C.S. PURAM POLICE STATION, PRAKASAM DISTRICT ANDHRA PRADESH. MEKA MARIYAMMA, D/O. YESU, AGED ABOUT 24 YEARS, R/O. 1 MUSUNOOR, PRAKASAM, ANDHRA PRADESH. IN THE HIGH COURT OF ANDHRA PRADESH [3562] THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA CHALLAGAALI DEVAIAH, S/O. VENKATAIAH, AGED ABOUT 48 69, R K PALLI, MUSUNOOR, PRAKASAM, C.S. ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH, THE SUPERINTENDENT OF POLICE, PRAKASAM DISTRICT, THE STATION HOUSE OFFICER, C.S. PURAM POLICE STATION, MEKA MARIYAMMA, D/O. YESU, AGED ABOUT 24 YEARS, R/O. 1- MUSUNOOR, PRAKASAM, ANDHRA PRADESH. 2 6. MEKA YESU, FATHER OF RESPONDENT NO.5, AGED ABOUT 24 YEARS, R/O. 1-13, R.K. PALLI, MUSUNOOR, PRAKASAM, ANDHRA PRADESH. 523112. ...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 topleased to issue a Writ of Habeas Corpus or any other appropriate writ order or direction, directing the Respondents 2 to 4 to forthwith produce Sri Prabhakar, S/o. Challagaali Devaiah, before this Hon'ble Court, ascertain his free will and wishes independently without the presence or influence of Respondent Nos.5 and 6 or the police authorities, declare the action of the Respondent Police in allegedly assaulting, coercing and compelling the said Prabhakar into marriage and permitting his illegal confinement as arbitrary, illegal and unconstitutional, further direct an independent enquiry into the conduct of the police officials concerned and consequently set him at liberty if he expresses that he is under confinement against his will, and pass IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct Respondent Nos.2 to 4 to immediately secure and produce Sri Prabhakar before this Hon'ble Court or before the jurisdictional Judicial Magistrate, permit him to interact with his parents and advocate in a free atmosphere without the presence of Respondent Nos.5 and 6 pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. NAINA SHAIK Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 3 THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA WRIT PETITION NO: 16122/2026 ORDER: (per Ravi Nath Tilhari, J) Heard Sri B.Parameswara Rao, learned counsel for the petitioner and Sri J.Krishna Praneeth, learned Assistant Government Pleader attached to the office of the learned Advocate General. 2. The petitioner is the father of Prabhakar – the alleged detenue. This petition for Habeas Corpus was filed on the allegation that respondent No.5 forcefully married the detenue, who was in the illegal custody and detention of respondent No.5 and her father - respondent No.6. 3. On 22.06.2026, we passed the following order: “Learned counsel for the petitioner submits that the father of detenu has filed this petition for a writ of Habeas Corpus, alleging illegal detention of his son with respondent Nos.1 to 4. 2. Sri J.Krishna Praneeth, learned Assistant Government Pleader, attached to the office of the learned Advocate General, appearing for respondent Nos.1 to 4, prays for time to obtain instructions. 3. List the matter on 29.06.2026. 4. The 4th respondent shall ensure the presence of the petitioner’s son before this Court on the date fixed.” 4. The detenue – Prabhakar has been produced before us. 5. On our query made, the detenue with the assistance of Sri J.Krishna Praneeth, learned Assistant Government Pleader attached to the office of the learned Advocate General, submits that the marriage with respondent No.5 was a forced marriage. He further submits that he is not living with respondent 4 Nos.5 & 6 and he is willing to live with his parents and presently living with the parents. 6. Sri B.Parameswara Rao, learned counsel for the petitioner also submits that the detenue – Prabhakar is now with the parents and so the writ petition is rendered infructuous and be dismissed as such. 7. In view thereof, the alleged detenue is not in any illegal custody or detention of respondent Nos.5 & 6. Consequently, the writ petition is rendered infructuous and is dismissed as such. 8. We make it clear that we have not observed anything on the merits of the averment regarding marriage being forceful or otherwise. The parties are at liberty to seek appropriate remedy as may be open under law and as may be advised. No order as to costs. As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed. ___________________ RAVI NATH TILHARI,J ______________________ SUBHENDU SAMANTA,J Dated:29.06.2026 AG Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 5 110 THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA WRIT PETITION NO: 16122/2026 Dated:29.06.2026 AG