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Date of reserved for orders : Date of pronouncement : 27.08.2026 Date of uploading
: 27.08.2026 APHC010450002026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
THURSDAY, THE 27th DAY OF AUGUST 2026 PRESENT THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE T.C.D. SEKHAR
WRIT PETITION NO: 24402 OF 2026 Between:
1. SESHAGIRI BODDA, , S/o. Gunnayya, aged 44 years, Occ Secretary of New Andhra Motor Truckers Association, R/o. 74-13/1-15/1, Prestige Apartment, 3rd Floor, New RTC Colony, Ayyappa Nagar, Vijayawada, NTR District, Andhra Pradesh. ...Petitioner AND
1. The State of Andhra Pradesh, Represented by its Principal Secretary, Home Department Secretariat Buildings at Velagapudi, Guntur District, Andhra Pradesh-522238. 2. The Director General of Police, State of Andhra Pradesh, Police Head Quarters at Mangalagiri, Guntur District, Andhra Pradesh-522503. 3. The Commissioner of Police, Visakhapatnam City Police Commissionerate, Visakhapatnam District, Andhra Pradesh-530020. 4. The Station House Officer, Malkapuram Police Station, Visakhapatnam, Visakhapatnam District, Andhra Pradesh-530011. 5. Smt Parvathi, , Occ Motor Vehicle Inspector, Visakhapatnam, Visakhapatnam District, Andhra Pradesh Mobile No. 9281607191
6. Karrineni Srinivas, S/o. not known to the petitioner, aged major, C/o. Smt. Parvathi, Occ Motor Vehicle Inspector, Visakhapatnam, Visakhapatnam District, Andhra Pradesh Mobile No. 7981194735
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7. Saradhi, , S/o. not known to the petitioner, aged major, R/o. Visakhapatnam, Visakhapatnam District, Andhra Pradesh. Mobile No. 9704911091
8. Sultan Ali, S/o. not known to the petitioner, aged major, C/o. GTC Transport, Visakhapatnam, Visakhapatnam District, Andhra Pradesh. Mobile No. 7880086248
9. Byrolal Sahu, S/o not known to the petitioner, aged major, Occ Driver (Vehicle No. CG 04 A 5854), R/o. Sidhi, Madya Pradesh-486661.
...Respondents 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 toissue a Writ of Habeas Corpus or any other writ or order or direction to direct the Respondents 3 and 4 to forthwith produce the body of the i.e., Byrolal Sahu, S/o not known to the petitioner, aged major, Occ Driver (Vehicle No. CG 04 A 5854), R/o. Sidhi, Madyapradesh i.e., the Respondent No. 9, who is illegally confined at the 4th respondent Malkapuram Police Station, before this Hon'ble Court, and set him at liberty and also to direct the Respondents 3 and 4 to register an FIR against Respondents 5 and 6 for the offenses of assault, bribery, extortion, and criminal conspiracy committed on 20.08.2026, and to conduct a thorough and impartial investigation into the matter further direct the Respondents to preserve the mobile video recordings, CCTV footage, and other digital evidence in accordance with the law Counsel for the Petitioner: V SAI KUMAR Counsel for the Respondents: THE ADVOCATE GENERAL The Court made the following order:
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THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE T.C.D. SEKHAR
WRIT PETITION No.24402 of 2026 ORDER: (per Hon’ble Sri Justice Battu Devanand)
In compliance of the order, dated 25.08.2026 passed by this Court, the 4th respondent produced the detenue i.e., 9th respondent before the Registrar (Judicial) on 26.08.2026 at 9-30 p.m., in the presence of Sri J. Krishna Praneeth, learned Assistant Government Pleader, attached to the Office of the learned Advocate General, in the High Court premises. 2) On verification of the Photostat copy of the Adhaar copy of the 9th respondent-detenue, he is identified as detenue. The learned Assistant Government Pleader also submitted a letter regarding production of the 9th respondent before the Registrar (Judicial). Subsequently, the Registrar (Judicial) obtained the orders of the Hon’ble the Chief Justice to produce the 9th respondent-detenue before the concerned Division Bench by taking permission for house motion.
The 9th respondent-detenue was kept under the custody of the 4th respondent and he was produced before this Court today at 10-00 am. 3) Heard Sri V. Sai Kumar, learned counsel for the petitioner and Sri J. Krishna Praneeth, learned Assistant Government Pleader and this Court personally examined the 9th respondent-detenue. 4
4) The 9th respondent-detenue deposed that his name is Byrolal Sahu, S/o Chathilal Sahu, aged 25 years, Sidhi, Madhya Pradesh State. He explained the alleged incident occurred on 20.08.2026. He further deposed that the 6th respondent, who is the driver of 5th respondent, committed the offence of assault, extortion, etc., and manhandled him brutally. Thereafter, he went to the Urban Primary Health Center, Mindi and after taking First Aid, he went to the transport office for unloading the lorry and thereafter he left Chhattisgarh in his lorry on
22.08.2026. 5) Upon careful examination of the statement made by the 9th respondent-detenue, it appears that after the alleged incident from 20.08.2026 to ill 22.08.2026, he is at Visakhapatnam. He is not detained by either police personnel or by the respondent Nos.5 and 6. After completion of his work there, he left Visakhapatnam to Chhattisgarh. Under these circumstances, it cannot be held that he is under the illegal detention by anybody. 6) At this juncture, Sri J. Krishna Praneeth, learned Assistant Government Pleader, appearing for the State, on instructions, would submit that after securing the presence of the 9th respondent-detenue, basing on his complaint, they registered a case in Crime No.148 of 2026 on 26.08.2026 by the Station House Officer, Malkapuram Police Station, Visakhapatnam and conducted preliminary investigation and the 6th respondent is arrested and produced before the concerned Magistrate Court and he is remanded for judicial custody. He further submits that further investigation is in progress.
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7) Having considered the facts and circumstances of the case on comprehensively and considering the statement of the 9th respondent-detenue that he voluntarily went to Chhattisgarh after alleged incident on 22.08.2026, in our considered view, issuance of a writ of Habeas Corpus does not arise. 8) Accordingly, this Writ Petition is closed. 9) However, this Court expects that the 4th respondent shall conduct proper investigation in Crime No.148 of 2026, in accordance with law. 10) There is no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________ JUSTICE BATTU DEVANAND
_____________________ JUSTICE T.C.D. SEKHAR
Date: 27.08.2026 PGR