Andhra Pradesh High Court

WP/4116/2026 of P RAMALAKSHMI Vs THE STATE OF ANDHRA PRADESH on 11 February 2026

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3418] THURSDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO WRIT

APHC010073872026

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

THURSDAY, THE TWELFTH DAY OF FEBRUARY

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA

KRISHNA RAO

WRIT PETITION NO: 4116/2026

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1. P RAMALAKSHMI, W/O P,AMARNATH, AGED 45 YEARS, R/O D.NO

ARAVIND NAGAR EXETENSION ARAVINDANAGAR, ANANTHAPUR TOWN, ANANTHAPUR DISTRICT.-515002

...PETITIONER AND

1. THE STATE OF ANDHRA PRADESH, REPT BY ITS SECRETARY TO GOVERNMENT,

HOME DEPARTMENT,

SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT -522238.

2. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH, VIJAYAWADA -520002.

3. THE DEPUTY INSPECTOR GENERAL OF POLICE, ANANTHAPUR- 515001.

4. THE SUPERINTENDENT OF POLICE, ANANTHAPUR ANANTHAPUR DISTRICT – 515001

5. THE CIRCLE INSPECTOR OF POLICE, I TOWN POLICE STATION, ANANTHAPUR- 515001.

...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 issue a Writ of Habeas Corpus directing the Respondents No.2 to 5 to produce the P.Amarnath S/o P.Ganganna aged 52 years D.No 1/482-29 Sairam recedency flot no 506 aravind nagar exetension aravindanagar, Ananthapur Town, Ananthapur District before this Honble Court and set him at liberty and handover to petitioner and to pass Counsel for the Petitioner:

1. N ASWARTHA NARAYANA Counsel for the Respondent(S):

1. THE ADVOCATE GENERAL The Court made the following:

ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Alleging that respondent No. 5-the Inspector of Police, I Town Police Station, Ananthapur, has whisked away the corpus by name P.Amarnath, who is the husband of the petitioner, on 08-02-2026 and has illegally confined him, the instant writ petition has been filed for habeas corpus seeking direction to respondent Nos. 2 to 5 to produce the corpus before the Court and to set him at liberty.

2. Heard Sri N.Aswartha Narayana, learned counsel appearing for the petitioner, and learned Assistant Government Pleader appearing for the official respondents.

3. Learned Assistant Government Pleader, on instructions, would submit that a case in crime No. 359 of 2025 of I Town Police Station, Ananthapur, was registered against the corpus by name P.Amarnath for the offences punishable under Sections 61 (2), 111, 338, 336 (3), 318 (4), 324 (4) and 351

(2) read with Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023, and he is arrested on 11-02-2026 in connection with the above crime and has been produced today morning before learned Judicial Magistrate of I Class, Ananthapur, seeking his remand. It is denied by him that respondent No. 5 has whisked away the corpus on 08-02-2026 and illegally confined him in police station as alleged by the petitioner.

4. Therefore, as a case in crime No. 359 of 2025 of I Town Police Station, Ananthapur, was registered against the corpus and as he was arrested by police in connection with the above crime, it cannot be said that the corpus has been illegally detained or confined by police. Therefore, this writ petition for habeas corpus is not maintainable.

5. Recording the aforesaid submissions of learned Assistant Government Pleader appearing for the official respondents, this writ petition is dismissed.

However, the petitioner and the corpus are at liberty to move for bail if the corpus has been remanded to judicial custody as it is stated that the corpus is produced before the concerned Court seeking his remand. Pending miscellaneous applications, if any, shall stand dismissed in consequence.

___________________________________ CHEEKATI MANAVENDRANATH ROY, J.

_________________________ V.GOPALA KRISHNA RAO, J.

Date: 12.02.2026 JSK

THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

AND

THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO

WRIT PETITION No. 4116 OF 2026

DATE: 12TH FEBRUARY, 2026

JSK

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