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2026 DAILYLAW 9234 (AP)

SHAIK RIHANA v. THE STATE OF ANDHRA PRADESH

WP/25034/2026 · 2026-09-01

Battu Devanand, Tuhin Kumar Gedela

body2026

Judgment text

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1 APHC010461182026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE 2nd DAY OF SEPTEMBER 2026 PRESENT WRIT PETITION NO: 25034 OF 2026 Between: 1. SHAIK RIHANA, W/o Shaik Khadar Valli, Aged about 31 years, Housewife, Rio D.No.1/163-22, Jogulapalli Street, Kadapa, Y.S.R. Kadapa District- 516002 ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary, Home Department, Secretariat Building, Velagapudi, Amaravati, Guntur District- 522 238. OF 2026 2. The Superintendent of Police, Annamayya District (previously Y.S.R. Kadapa District) Madanapalle- 517325. 3. The Deputy Superintendent of Police, Rayachoty- 516269, Annamayya District (previously Y.S.R. Kadapa District). 4. The SHO, Veeraballi Police Station- 516268, Annamayya District (previously Y.S.R. Kadapa District). ...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 to issue WRIT OF HABEAS CORPUS under Article-226 of Constitution of India directing the Respondents to produce the Petitioner's husband by name Shaik Khadar Valli, S/o Shaik Moulali, Aged about 34 2 years, now in illigal detetion of 4th Respondent before the Hon'ble Court and he may be ordered to be realesed forthwith/set at liberty by declaring his detention by the 4th Respondent, is illigal, arbitrary, unjust, against law and principles of natural justice and voilation of Article 21 of Constitution of India and pass Counsel for the Petitioner: A SYAM SUNDAR REDDY Counsel for the Respondents: The Court made the following order: 3 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 25034 OF 2026 ORDER: (Per Hon’ble Sri Justice Battu Devanand) This Writ Petition is filed seeking issuance of an appropriate direction or order, more particularly one in the nature of a Writ of Habeas Corpus, directing the respondents to produce the petitioner’s husband, namely, Mr. Shaik Khadar Valli, who is alleged to have been illegally detained by respondent No.4, before this Hon’ble Court. 2. Learned counsel for the petitioner would submit that on 29.08.2026, the respondent No.4 detained the husband of the petitioner illegally and sought for a direction to the respondents to produce the detenue, before this Court. 3. On instructions, learned Assistant Government Pleader, attached to the Office of learned Advocate General for the State of Andhra Pradesh, would submit that the husband of the petitioner is the accused in Crime No.81 of 2026 of Veeraballi Police Station, Annamayya District [previously ‘Y.S.R. Kadapa District’]. The said Crime was registered on 29.08.2026, under Section 103(1) read with 3(5) of the B.N.S. 2023. 4. Learned Assistant Government Pleader further submits that the detenue was taken into custody in the said Crime during the course of investigation, and the police are going to produce the detenue before the Judicial Magistrate concerned, within 24 hours. 4 5. The statement made by the learned Assistant Government Pleader, on behalf of the respondents, is placed on record. 6. Considering the facts that the detenue is the accused in Crime No.81 of 2026 of Veeraballi Police Station, Annamayya District and he is taken into custody by the investigating agency and they made a statement before this Court that they are going to produce the detenue before the Judicial Magistrate concerned, within 24 hours, in our considered view, no further adjudication is required in the present Writ Petition. 7. Accordingly, the Writ Petition is closed. 8. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. __________________________ JUSTICE BATTU DEVANAND _______________________________ JUSTICE TUHIN KUMAR GEDELA Dated: 02.09.2026 PKR 5 THE HONOURABLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA 45 WRIT PETITION NO: 25034 OF 2026 Dated: 02.09.2026 PKR