Habeas corpus petition seeking release of petitioner's uncle allegedly detained by police; detenue already released by Magistrate who refused remand. Petitioner alleged mistreatment and sought CCTV footage; court found enquiry best conducted by the concerned Magistrate and closed the petition.
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yr V N
(Special Original Jurisdiction)
TUESDAY, THE NINETEENTH DAY OF NOVEMB TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
AND
THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 12194 OF 2024
Between:
N. V. Varshit Goud, S/o Narala Govinda Rao, Aged 25 years, R/o HNo 4- 34, Railway Station Road, Annavaram, Sankavaram Mandal, Kakinada District.
...PETITIONER
AND
...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 a writ, order or direction more particularly one in the nature of WRIT OF HABEAS CORPUS directing the respondents to produce petitioner's uncle namely Palika Lovaraju, Aged 42 years, Occ Pvt. Employee, R/o H.No. 81/1108-46-A, Ward No 87, Brindavan Nagar, Sri Rama Nagar, Kurnool before this Honourable Court, from the illegal custody of respondent 5 and consequently direct the respondents to set him be free
and not to interfere in any manner with his personallibertyofthepetitioner except by following due process of law.
lA NO: 1 OF 2024
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition,theHighCourtmaybe pleased to direct the Respondent No; 4 to produce petitioner'sunclenamely Palika Lovaraju, Aged 42 years, Occ; Pvt. Employee,R/oH.No;81/1108-46- A, Ward No: 87, Brindavan Nagar, Sri Rama Nagar, Kurnool,before this Honourable Court, from the illegal custody of respondent4andsethimbe free pending disposal of the above writ petition.
lA NO: 2 OF 2024
Petition under Section 151 CPC praying that in thecircumstancesstated in the affidavit filed in support of the petition, theHighCourtmaybepleasedto direct the Respondent No; 4 and 5 to preserve the CCTVfootageofthe police stations of Orvakallu Police Station and PanyamPoliceStationdated 02.06.2024 from 06;00am till 10:00pm on 03.06.2024.
Counsel for the Petitioner: SRI JAVA PRAKASH MADASU
Counsel for the Respondent Nos.1 to 5: THE ADVOCATEGENERAL The Court made the following: ORDER
[3508]
APHC010244842024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
TUESDAY ,THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM
WRIT PETITION NO: 12194/2024
Between:
...PETITIONER N V Varshit Goud
AND
The State Of Andhra Pradesh and Others Counsel for the Petitioner:
...RESPONDENT{S)
1.JAYA PRAKASH MADASU
Counsel for the Respondent(S):
1 .THE ADVOCATE GENERAL
The Court made the following:
ORDER: (per Hon'ble Sri Justice R Raghunandan Rao)
The petitioner approached this Court seeking releaseofhisuncle, who is stated to have been unfairly detained by respondentNo.4.
2
Magistrate had refused to extent the remand and released the detenue on the ground that the case had not been made out on the detenue at that stage.
- The petitioner has now taken up the contention that the detenue had been mistreated during the time when he was in the Police Station of the 4^*^ respondent and sought CCTV footage of the said Police Station for demonstrating this.
- The 4^^ respondent has now produced certificate to contend that the CCTV equipment in the Police Station had not been working about 15 days prior to the incident.
' 1 see 184
V
s
3
There shall be no order as to costs. As a sequel, all pending applications shall stand closed.
//TRUE COPY//
Sd/- M. SRINIVAS ASSISTANT REGISTRAR
To.
SECTfoisi OFFICER
ssb
%
HIGH COURT
DATED:19/11/2024
ORDER
WP.No.12194of 2024
CLOSING THE W.P. WITHOUT COSTS
1 issue framed by the court
Whether the detenue was illegally detained and mistreated at the police station despite CCTV malfunctioning.
Colour shows how this judgement treated each authority
Paramvir Singh Saini Vs. Baijit SinghReferred
2 provisions across 2 enactments
N. V. Varshit Goud
The State of Andhra Pradesh
Superintendent of Police, Kurnool District
Superintendent of Police, Nandyal District
Station House Officer, Orvakallu Police Station
Sub Inspector of Police, Panyam Police Station
R Raghunandan Rao
Maheswara Rao Kuncheam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
