Dismissed¶52

Gudivada Sombabu, v. The State of Andhra Pradesh

Andhra Pradesh HC19 Aug 2025WP/7315/2025

Case brief

AI extract

What is this about?

Habeas corpus writ dismissed; illegal arrest and remand challenge; remand order dated 13.03.2025 by JMFC Kothavalasa; Crime No. 23 of 2025, Vallampudi P.S., Vizianagaram; BNS Ss. 132, 121(1), 74, 307, 79, 49 r/w 3(5); S. 47(1) B.N.S. 2023; Article 22(1) and (5); Article 226; alleged custodial torture, Central Prison Visakhapatnam; mulakat slips; health screening, no injury found; Section 151 CPC and Order XI Rule 14 CPC applications; Andhra Pradesh High Court at Amaravati; R. Raghunandan Rao, J. and T.C.D. Sekhar, J.; 20.08.2025; Gudivada Sombabu; State of Andhra Pradesh; Boddu Devi, Woman SI; DG Prisons and Correctional Services.

What did the court decide?

None; petition dismissed leaving it open to the petitioner or the detenues to avail of such remedies as they may deem fit; no order as to costs. ¶52

Gudivada Sombabu, Vs The State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

None; petition dismissed leaving it open to the petitioner or the detenues to avail of such remedies as they may deem fit; no order as to costs.

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Issue for consideration

Whether the arrest of Accused Nos. 1 and 7 (the detenues, sons of the petitioner) in Crime No. 23 of 2025 was illegal. +2 more

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Ratio / Principle

On the Mulakat slips produced, the sisters of the detenues met them on 15.03.2025 while the petitioner's slip showed he met his nephew; the Court cannot come to a firm conclusion that the petitioner had in fact met his two sons (the detenues).

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Key takeaways

The question whether the detenues informed the petitioner about the alleged ill-treatment on 15.03.2025 cannot have relevance; the Court must examine whether such ill-treatment had occurred.ratio¶49
In the health-screening proformas for admission to jail (16.03.2025), the Medical Officer did not find any injury requiring further treatment; it would not be appropriate for the Court to draw any adverse inference from the material.ratio¶49
The Court found no reason to interfere and dismissed the Writ Petition, leaving it open to the petitioner or the detenues to avail of such remedies as they may deem fit.

Detailed headnote1 paragraphs

Andhra Pradesh High Court (Special Original Jurisdiction), Amaravati - Division Bench of R. Raghunandan Rao and T.C.D. Sekhar, JJ. (judgment per R. Raghunandan Rao, J.), W.P. No. 7315 of 2025, decided 20.08.2025. Father's habeas corpus writ challenging the arrest of his two sons (Accused Nos. 1 and 7) in Crime No. 23 of 2025 (registered 11.03.2025 under Ss. 132, 121(1), 74, 307, 79, 49 r/w 3(5) BNS after alleged assault on a Woman Sub-Inspector on Bandobast duty) and their remand dated 13.03.2025 by the JMFC, Kothavalasa, together with a direction for enquiry into alleged custodial torture in Central Prison, Visakhapatnam, was dismissed. Mulakat slips showed the petitioner met his nephew, not the detenues, on 15.03.2025; jail-admission health screening (16.03.2025) recorded no injury requiring treatment; the Court held it unable to arrive at findings of fact necessary for a writ, declined to draw an adverse inference, dismissed the petition with liberty to seek other remedies and closed pending I.As; no costs.

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[3529]

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APHC010138152025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO

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THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR

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WRIT PETITION NO: 7315/2025

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Between:

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GUDIVADA SOMBABU,, S/O.LATE SURIDEMUDU , AGED ABOUT 53 YEARS, OCC- AGRICUTURE LABOUR , D.NO.I-48, R/O. GUDIVADA VILLAGE, VEPADA MANDAL, VIZIANAGARAM DISTRICT.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATI, GUNTUR DISTRICT.

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THE SPERINTENDENT OF POLICE, VIZIANAGARAM DISTRICT, AT VIZIANAGARAM .

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THE INSPECTOR OF POLICE, KOTHAVALASA P.S., KOTHAVALASA, VIZIANAGARAM DISTRICT.

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THE DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL SERVICES, GOVERNMENT OF ANDHRA PRADESH , AT VIJAYAWADA, NTR KRISHNA DISTRICT.

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THE SUPERINTENDENT OF CENTRAL PRISON, VISAKHAPATNAM ,VISAKHAPATNAM DISTRICT.

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BODDU DEVI, W/O. RONGALI BALAJI, OCC- GOVERNMENT EMPLOYEE, WOMAN SUB-INSPECTOR OF POLICE,VALLAMPUDI P.S., VIZIANAGARAM DISTRICT.

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...RESPONDENT(S):

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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

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RRR, J & TCDS, J W.P.No.7315 of 2025

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pleased tomay be pleased to issue a appropriate Writ Order or direction more particularly one in the nature of writ of Habeas Corpus or any other appropriate writ (a) declaring the arrest of Accused No.l- Gudivada Mohan, S/o. Sombabu and Accused No.7-Gudivada Santosh Kumar, S/o. Sombabu in Crime No. 23 of 2025 as illegal and violative of Section 47(1) of B.N.S.,2023 and Article 22 (1) and (5) of the Constitution of India (b) declaring the remand of Accused No 1 and 7 vide order dated 13-3- 2025 in Crime No. 23 of 2025 on the file of S.H.O. Vallampudi P.S., Vizianagaram District passed by the Judicial Magistrate of First Class, Kothavalasa, Vizianagaram District, (c) Direct the Respondent No. 4 to cause enquiry on using Criminal force. Custodial torture on the Accused No 1 and 7 in Crime No. 23 of 2025 and pass

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IA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be please to constitute a Committee of Doctors to examine the Accused No 1 and 7 in Crime No. 23 of 2025 and file report before this Hon'ble Court and pass

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IA NO: 2 OF 2025

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Please to receive the additional material papers filed herewith and treat the additional papers as a part and parcel of the main Writ Petition and pass

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IA NO: 3 OF 2025

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased please pass orders under Order XI Rule 14 of C.P.C, to direct the Respondent No.4 and 5 to produce the records/register containing the Names of Visitors, additional visitors who had meeting with accused/prisoners in connection with Crime No. 23 of 2025 and the C.C.TV footage of the Meeting between Visitors, additional visitors with accused / prisoners in connection Crime No. 23 of 2025 on the date 15.03.2025 and pass

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Counsel for the Petitioner:

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1.B SESIBUSHAN RAO

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Counsel for the Respondent(S):

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1.THE ADVOCATE GENERAL

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RRR, J & TCDS, J W.P.No.7315 of 2025

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The Court made the following order:

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Heard Sri B. Sesibhushan Rao, learned counsel for the petitioner and the learned Government Pleader, appearing in the office of the learned Advocate General, for the respondents.

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The petitioner has filed the present Writ Petition seeking a Writ of Habeas Corpus , declaring the arrest of the detenues as well as the order of remand passed against the detenues to be illegal and for a further direction to the 4^th respondent – Director General of Prisons and Correctional Services, to cause an enquiry on the use of criminal force and custodial torture on the detenues, while they were in Central Prison, Visakhapatnam.

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According to the petitioner, Crime No.23 of 2025 was registered against various persons, including his two sons, by the 6^th respondent on false grounds, as his sons had questioned the right of the 6^th respondent in assaulting them at around 8.30 P.M. on 11.03.2025. The petitioner further contended that both his sons, who were the detenues in the present case, had been arrested and remanded to judicial custody, after which they were shifted to the Central Prison, Visakhapatnam, on 13.03.2025. The petitioner states that on 15.03.2025, he met both his sons in a mulakat at the Central Prison, Visakhapatnam and was informed that his sons had been beaten up by the prison warders, from day one of the judicial custody and they were not being given adequate drinking water, on the pretext that they had attacked a Police Officer.

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RRR, J & TCDS, J W.P.No.7315 of 2025

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The version of the respondents was that a festival was being celebrated, in Sri Venugopalaswamy Temple, at Gudivada Village of Vepada Mandal, on 11.03.2025, during which certain persons were misbehaving, and the 6^th respondent, who was on Bandobasth duty, tried to intervene and control this misbehavior. At that stage these persons, including the detenues, had assaulted her and used foul language against her. On account of the said assault, Crime No.23 of 2025 had been registered on 11.03.2025 under the provisions of Sections 132, 121(1), 74, 307, 79, 49 r/w 3 (5) of BNS and the accused persons were arrested and produced before the Magistrate who had remanded them to judicial custody. After the said order of remand had been passed against these persons, including the detenues, they were shifted to the Central Prison, Visakhapatnam. The respondents took the specific plea that the petitioner had not met the detenues on 15.03.2025 and as such, the complaint, that the detenues had informed him about the ill-treatment in the Central Prison, cannot be accepted.

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In order to ascertain whether the petitioner had met the detenues, the Authorities of the Central Prison were required to produce the Mulakat slips. These Mulakat slips were produced before this Court.

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A perusal of these Mulakat slips would show that the sisters of the detenues had visited and met the detenues on 15.03.2025, while the Mulakat slips issued for the petitioner, shows that the petitioner had met his nephew, on 15.03.2025, who was another under-trial prisoner.

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RRR, J & TCDS, J W.P.No.7315 of 2025

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Sri B. Seshibushan Rao, learned counsel for the petitioner, would contend that a group of relatives had visited the Central Prison, Visakhapatnam, to meet the persons who had been remanded in Crime No.23 of 2025 and the Prison Authorities had randomly allotted names of under trial prisoners, against each Mulakat slips, though the visitors were allowed to meet the under trials, whose names may not have been mentioned in the mulakat slips. Though the Mulakat slips show that the petitioner was present in the Central Prison, Visakhapatnam, on 15.03.2025, and had met one of the under trials in Crime No.23 of 2025, this Court cannot come to a firm conclusion that the petitioner had in fact, met his two sons, who were the detenues in the present case.

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The main contention of the learned counsel for the petitioner was that the detenues had been ill-treated in the prison. In such circumstances, the question of whether the detenues informed the petitioner about such ill-treatment on 15.03.2025, cannot have relevance and this Court would have to look into the question of whether such ill-treatment had occurred. The respondents have also produced proformas for health screening of prisoners on admission to Jail, which was done on 16.03.2025. In these proformas, the Medical Officer did not find any injury which requires further treatment. In these circumstances, it would not be appropriate for this Court to draw any adverse interference.

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RRR, J & TCDS, J W.P.No.7315 of 2025

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Accordingly, this Court does not find any reason to interfere in the matter and the Writ Petition is dismissed, leaving it open to the petitioner or the detenues to avail of such remedies as they may deem fit, as this Court is unable to arrive at any finding of fact, which is necessary before any Writ can be issued. There shall be no order as to costs.

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

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_______________________ R.RAGHUNANDAN RAO, J

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T.C.D. SEKHAR, J

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Date: 20.08.2025 MJA

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RRR, J & TCDS, J W.P.No.7315 of 2025

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