WP/25920/2026 of Himanshu Gupta Vs The State of Andhra Pradesh on 17 September 2026

APHC010476302026

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

FRIDAY, THE 18th DAY OF SEPTEMBER 2026

PRESENT

THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI

THE HONOURABLE SMT JUSTICE SUNITHA GANDHAM

WRIT PETITION NO: 25920/2026

Between:

1. HIMANSHU GUPTA, , AGED ABOUT 32 YEARS, S/O LATE SANJAY

KUMAR GUPTA, RIO MAKARTHI GANJ, SONAR GALI, DADUWA

BAZAR, BARGAON, BARGAWAN, GONDA, UTTAR PRADESH - 271002

...PETITIONER

AND

1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL

SECRETARY,

HOME

DEPARTMENT,

A.P.

SECRETARIAT,

VELAGAPUDI,

AMARAVATI,

GUNTUR

DISTRICT,

ANDHRA

PRADESH - 522238.

2. THE DIRECTOR GENERAL OF POLICE DGP, STATE OF ANDHRA

PRADESH,

A.P.

POLICE

HEADQUARTERS,

MANGALAGIRI,

GUNTUR DISTRICT, ANDHRA PRADESH - 522503.

3. THE SUPERINTENDENT OF RAILWAY POLICE SRP, GOVERNMENT

RAILWAY POLICE (GRP), RAILWAY STATION ROAD, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH - 520001.

4. THE STATION HOUSE OFFICER SHO, GOVERNMENT RAILWAY

POLICE STATION (GRPS), VISAKHAPATNAM RAILWAY STATION, NORTH END, VISAKHAPATNAM, ANDHRA PRADESH - 530004.

...RESPONDENT(S):

(RNT, J & SUN, J

W.P.No.25920 of 2026)

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, Order, or Direction, more particularly one in the nature of a Writ of Habeas Corpus, directing Respondents 1 to 3, through the 4th Respondent, to immediately trace, apprehend, and produce the absconding Accused No. 3 (Dada @ Ullasa Khara) before the law and consequently declare the continued and unjustified detention of the detenu (my brother, Rohit Kumar Gupta) in Crime No. 309/2026 of GRP Visakhapatnam as illegal, arbitrary, and violative of Article 21 of the Constitution of India thereby ordering his immediate release, Counsel for the Petitioner:

1. V.RAVINDHAR

Counsel for the Respondent(S):

1. THE ADVOCATE GENERAL

The Court made the following:

(RNT, J & SUN, J

W.P.No.25920 of 2026)

ORDER :-(per Hon’ble Sri Justice Ravi Nath Tilhari)

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue a Writ, Order or direction more particularly one in the nature of Writ of Habeas Corpus directing Respondents 1 to 3, through the 4th Respondent, to immediately trace, apprehend, and produce the absconding Accused No. 3 (Dada @ Ullasa Khara) before the law and consequently declare the continued and unjustified detention of the detenu (my brother, Rohit Kumar Gupta) in Crime No. 309/2026 of GRP Visakhapatnam as illegal, arbitrary, and violative of Article 21 of the Constitution of India thereby ordering his immediate release, and pass such other order or orders….”

2.

Heard Sri M.Akhil, learned counsel representing Sri V.Ravindhar, learned counsel for the petitioner and Sri J. Krishna Praneeth, learned Assistant Government Pleader attached to the office of the learned Advocate General, appearing for respondents.

3.

From the aforesaid prayer, as also from the material on record, it is evident that an F.I.R No.309 of 2026 on the file of GRP Police Station, Visakhapatnam, dated 26.08.2026 has been registered against accused No.3

as well, and he is absconding.

4.

The petitioner is the brother of another accused in the aforesaid F.I.R, who has already been arrested by the police. Since the petitioner's own case indicates that the accused whose production is sought is absconding, the

(RNT, J & SUN, J

W.P.No.25920 of 2026)

writ petition for Habeas Corpus is not maintainable, as there is no illegal detention of the detenu.

5.

In view of the above, the writ petition is dismissed.

No order as to costs.

As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed.

____________________

RAVI NATH TILHARI, J

_______________________

SUNITHA GANDHAM,J

Date: 18.09.2026

RPD.

(RNT, J & SUN, J

W.P.No.25920 of 2026)

THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI

AND

THE HONOURABLE SMT JUSTICE SUNITHA GANDHAM

(DISMISSED)

WRIT PETITION NO: 25920 of 2026

Date: 18.09.2026

RPD.

(RNT, J & SUN, J

W.P.No.25920 of 2026)

This writ of habeas corpus has been filed to produce accused No. 3, Dada alias Ullasa Khara, alleging illegal detention of the detainee in Crime No. 309 of 2026 of GRP Visakhapatnam.

//TRUE COPY//

RAVI NATH TILHARI,J

SUNITHA GANDHAM,J

Whether the order is :

Speaking Yes/No / Reasoned Yes/No

Reportable Yes/No / Non-Reportable Yes/No To,

1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL

SECRETARY,

HOME

DEPARTMENT,

A.P.

SECRETARIAT,

VELAGAPUDI,

AMARAVATI,

GUNTUR

DISTRICT,

ANDHRA

PRADESH - 522238.

2. THE DIRECTOR GENERAL OF POLICE DGP, STATE OF ANDHRA

PRADESH,

A.P.

POLICE

HEADQUARTERS,

MANGALAGIRI,

GUNTUR DISTRICT, ANDHRA PRADESH - 522503.

3. THE SUPERINTENDENT OF RAILWAY POLICE SRP, GOVERNMENT

RAILWAY POLICE (GRP), RAILWAY STATION ROAD, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH - 520001.

4. THE STATION HOUSE OFFICER SHO, GOVERNMENT RAILWAY

POLICE STATION (GRPS), VISAKHAPATNAM RAILWAY STATION, NORTH END, VISAKHAPATNAM, ANDHRA PRADESH - 530004.

5. Two CD Copies

(RNT, J & SUN, J

W.P.No.25920 of 2026)

HIGH COURT

RNTJ ,SUNJ

DATED:18/09/2026