WP/31043/2025 of MALAPATI OBULU REDDY Vs THE STATE OF ANDHRA PRADESH on 6 November 2025

1. MALAPATI OBULU REDDY, S/O. OBULUU REDDY, AGED ABOUT 45 YEARS, R/O. 74-19-1/1, FLAT NO. 303, SRI DEVI TOWERS, 0PP. CHAITANYA TECHNO SCHOOL, ASHOK NAGAR, VIJAYAWADA (URBAN), NTR DISTRICT. BEING THE BROTHER OF MR. VIJAYA BHASKAR REDDY MALAPATI.

...PETITIONER AND

1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

2. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH, POLICE HEAD QUARTERS, MANGALAGIRI, GUNTUR DISTRICT.

3. THE COMMISSIONER OF POLICE, NTR COMMISSIONERATE, VIJAYAWADA, NTR DISTRICT.

4. THE STATION HOUSE OFFICER, PENAMALURU POLICE STATION, KANURU, VIJAYAWADA.

...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 topleased to issue a writ or order or direction more preferably in the nature of WRIT OF HABEAS CORPUSdeclaring the the action of the respondents more particularly the 4th respondent illegally detaining Mr. Vijaya Bhaskar Reddy Malapati without following any due process of law and without informing the reasons of detentionas highly illegal, arbitrary and violative of the Articles 14, 19, 21 and 22 of the Constitution of India, 1949, and consequently direct the respondents no. 2 to 4, to produce Mr. Vijaya Bhaskar Reddy Malapati, aged about 39 years, before this who is in the illegal custody of the respondent no. 4, before this Honble Court and set him at liberty and to hand over Mr. Vijaya Bhaskar Reddy Malapati to the petitioner and pass Counsel for the Petitioner:

1. PHANI VISWANATH CHALLA Counsel for the Respondent(S):

1. THE ADVOCATE GENERAL

The Court made the following: ORDER:- (Per Hon’ble Sri Justice Cheekati Manavendranath Roy)

This writ petition for Habeas Corpus under Article 226 of the Constitution of India is filed seeking direction to the respondent-police officials to produce the corpus by name Vijaya Bhaskar Reddy Malapati before the Court and to set him at liberty.

2. Heard learned counsel for the petitioner and learned Additional Government Pleader attached to the office of learned Advocate General, for the respondents.

3. The petitioner is the brother of the corpus by name Vijaya Bhaskar Reddy Malapati. According to the petitioner, the corpus is a businessman doing business in running a grocery stores in Taunton of United Kingdom for the last sixteen years. He came to India on 02.11.2025. It is stated that the 4th respondent – Station House Officer of Penamaluru Police Station has illegally taken him into his custody on 06.11.2025 and has detained him illegally and his whereabouts are now not known. Therefore, the petitioner has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India seeking the aforesaid relief.

4. Learned Additional Government Pleader, on instructions, submits that a crime was registered against the corpus in Crime No.635 of 2025 of Penamaluru Police Station on 06.11.2025 for the offences punishable under Sections 196(1), 192, 79 and 353(2) of the Bharatiya Nyaya Sanhita, 2023 and under Section 67 of the Information Technology Act, 2000 on the report lodged by a person by name Dagarlamudi Gowtham and the corpus was arrested in connection with the said crime on 06.11.2025 and he is produced before the learned II Additional Chief Judicial Magistrate, Vijayawada today at 11.45 a.m. Therefore, he contends that the petitioner is not illegally confined or detained in illegal custody. He further submits that the information relating to arrest of the corpus is already furnished to the petitioner, who is his brother, and the same has been suppressed and this writ petition is filed with misleading facts. Learned Additional Government Pleader has also placed on record the relevant documents in proof of the fact that information is given to the petitioner relating to arrest of the corpus under Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023. It is evident from it that the above crime was registered against the corpus and he was arrested and that information of arrest was given to the petitioner.

5. In view of the above, as the corpus is not detained or confined in illegal custody, this Writ Petition is disposed of, granting liberty to the petitioner and the corpus to move application for grant of bail before the concerned Court. There shall be no order as to costs. Miscellaneous petitions, if any pending, in the Writ Petition, shall stand closed.

________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

_____________________________ JUSTICE TUHIN KUMAR GEDELA

Date: 07.11.2025 ARR

THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

AND

THE HON’BLE SRI JUSTICE TUHIN KUMAR GEDELA

WRIT PETITION NO: 31043/2025

Date: 07.11.2025

ARR