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2026 DAILYLAW 6684 (AP)

Marlapati Rodiaiah v. The State of Andhra Pradesh

WP/20136/2026 · 2026-07-22

Purushottam Kumar Chintalapudi, Ravi Nath Tilhari

body2026

Judgment text

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1 (RNT,J & PKC,J WP.NO.20136 OF 2026) APHC010376752026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3601] THURSDAY, THE 23rd DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE PURUSHOTTAM KUMAR CHINTALAPUDI WRIT PETITION NO: 20136/2026 Between: 1. MARLAPATI RODIAIAH, W/O. M.KIRAN KUMAR,AGED ABOUT 40 YEARS, R/O. D.NO. 3-45, VEEREPALLI, ULAVAPADU MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH-523292. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH - 522238. 2. THE SUPERITENDENT OF POLICE, ONGOLE ,PRAKASAM DISTRICT, ANDHRA PRADESH - 523001. 3. THE INSPECTOR OF POLICE, SINGARAYAKONDA, PRAKASAM DISTRICT, ANDHRA PRADESH - 523101. 4. THE STATION HOUSE OFFICER, ULAVAPADU, PRAKASAM DISTRICT, ANDHRA PRADESH - 523292. ...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 tohereby prayed that this Hon'ble Court may be pleased to issue a 2 (RNT,J & PKC,J WP.NO.20136 OF 2026) writ or order or direction or more particularly in the nature of WRIT OF HABEAS CORPUS or any other order to produce the detenue Marlapati Deepti, Aged 18 years before this Hon'ble Court and to ensure that the physical custody of the minor son is transfer to mother natural guradian and the girl repatriated to her habitual place of residence at Vijayawada and to 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 hereby prayed that this Hon'ble Court may be pleased to pass urgent orders to directing the respondents to produce DEEPTI, Aged 18 years before this Hon'ble Court by revealing his where abouts to give custody of the child to the mother natural guradian pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. ABDUS SALEEM Counsel for the Respondent(S): 1. ADDL ADVOCATE GENERAL The Court made the following: 3 (RNT,J & PKC,J WP.NO.20136 OF 2026) ORDER :- (per Hon’ble Sri Justice Ravi Nath Tilhari) Sri Abdus Saleem, learned counsel for the writ petitioner, submits that there are certain discrepancies in the writ petition. At one place, the detenu, Marlapati Deepti, is described as the 'daughter', whereas at another place, the detenu is described as the 'son'. He further submits that at one place, the age of the detenu is mentioned as '18 years', showing the detenu as a major, whereas in the prayer, it is stated as 'ensure the custody of the minor son'. Hence, he seeks permission to withdraw the writ petition with liberty to file a fresh writ petition. 2. Permission is accorded. 3. The Writ Petition is dismissed as withdrawn with a liberty to file a fresh writ petition. No order as to costs. As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed. ____________________ RAVI NATH TILHARI, J _____________________________________ PURUSHOTTAM KUMAR CHINTALAPUDI, J Date : 23.07.2026. RPD. 4 (RNT,J & PKC,J WP.NO.20136 OF 2026) 49 THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI AND THE HONOURABLE SRI JUSTICE PURUSHOTTAM KUMAR CHINTALAPUDI (DISMISSED AS INFRUCTUOUS) WRIT PETITION NO: 20136 of 2026 Date: 23.07.2026 RPD.