Miriyala Jayanthi Naidu Vs the State of Andhra Pradesh

¶1

APHC010148162025

¶2

IN THE HIGH COURT OF ANDHRA PRADESH'^ AT AMARAVATI (Special Original Jurisdiction) ^

¶3

TUESDAY, THE TWENTY SECOND DAY OF TWO THOUSAND AND TWENTY FIVE

¶4

THE HONOURABLE SRI JUSTICE R. RAGHUNANDAN RAO AND

¶5

THE HONOURABLE SMT. JUSTICE SUMATHI JAGADAM

¶6

WRIT PETITION NO: 7631 OF 2025

¶7

Between:

¶8

Miriyala Jayanthi Naidu, W/o. M. Guruswamy Aged 55 years, Occ: Housewife, Sivaparvathi Towers 3"^ floor. Near Tadigadapa Municipality, Vijayawada, N.T.R. District. ...Petitioner

¶9

AND

¶10

The State of Andhra Pradesh, Rep. by its Principal to Government, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur District.

¶11

The Manager, BEST REHAB, Rehabilitation and Physiotherapy Centre, Srinivasa Nagar Bank colony, Bharathi Nagar, Vijayawada.

¶12

Dinesh Kumar, S/o. Prithivi Singh, Aged 45 Years,Permanent^Resident at H.No 223, Luhana, Rawari, Luhanda(16), Rewari, Haryana-123411 . Presently Ground Floor, Flat No. 1-0006, CASA URBANO,Taluja^MIPC Road, KhonI village, Dombivalli, (East), Thane - 421204,^Maharashtra. Secretary.

¶13

...Respondents

¶14

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^{oneinthenature}

¶15

/

¶16

Jr

¶17

of WRIT OF HABEAS CORPUS directing the Respondent No.2 and 3 to produce the detenue my daughter Swathy Swamy, Aged 40 Years before this Hon’ble Court by removing her custody from Respondent No.2 and 3 and consequently direct the Respondent 2 and 3 to place her in my custody for rendering proper treatment and bringing her back to normalcy with emotional well-being Considering the fact that the son of the detenue is also staying with me. which enhances the possibility of her recovery in the interest of justice.

¶18

lA NO: 1 OF 2025

¶19

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased direct the Respondent No.2 & 3 to produce the detenue my daughter Swathy Swamy, Aged 40 Years before this Hon’ble court by removing her custody from Respondent No.2 & 3 and consequently direct the Respondent N0.2&3 to place her in my custody for rendering proper treatment and bringing her back to normalcy with emotional wellbeing Considering the fact that the son of the detenue is also slaying with me, which enhances the possibility of her recovery, pending disposal of the main Writ Petition.

¶20

lA NO: 2 OF 2025

¶21

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 to direct the Respondent No.2/ Rehabilitation Centre to submit a report to the Hon ble Court regarding the what type of medication and treatment they are giving and the reasons for the lack of improvement in my daughter's health over the past two years, pending disposal of Writ Petition. Counsel for the Petitioner: SRI K. SATYA SREENIVASA RAO Counsel for the Respondent No.l :THE ADVOCATE GENERAL Counsel for the Respondent No.2 : SRI K. NARSI REDDY Counsel for the Respondent No.3 : M/s. INDUS LAW FIRM The Court made the following order:

l /

APHC010148162025

■ I T

rTM

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

¶27

(Special Original Jurisdiction)

¶28

[3541]

¶29

TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE

¶30

PRESENT

¶31

THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO

¶32

THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM

¶33

WRIT PETITION NO: 7631/2025

¶34

Between:

¶35

1.MIR1YALA JAYANTHI NAIDU, , W/0. M. GURUSWAITIV. AGED 55 YEARS, OCC HOUSEWIFE, SIVAPARVATHI TOWERS 3RD FLOOR, NEAR TADIGADAPA MUNICIPALITY, VIJAYAWADA, N.T.R. DISTRICT.

¶36

...PETITIONER

¶37

AND

¶38

1.THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGEPUDI, AMARAVATHI, GUNTUR DISTRICT.

¶39

2.THE MANAGER, , BEST REHAB, REHABILITATION AND PHYSIOTHERAPY CENTRE, SRINIVASA NAGAR BANK COLONY, BHARATHI NAGAR, VIJAYAWADA.

¶40

S.DINESH KUMAR, S/0. PRITHIVI SINGH, AGED 45 YEARS,PERMANENT RESIDENT AT H.NO 223, LUHANA, RAWARI, LUHANDA(16), REWARI, HARYANA-123411. PRESENTLY GROUND FLOOR, FLAT NO. 1-0006, CASA URBANO.TALUJA MIPC ROAD, KHONI VILLAGE, DOMBIVALLI, (EAST), THANE - 421204, MAHARASHTRA. SECRETARY

¶41

...RESPONDENT(S):

¶42

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

¶43

2

¶44

RRR,J&JS,J W.P.No.7631 of 2025

¶45

pleased tomay be pleased to Issue a writ, order or direction more particularly one in the nature of WRIT OF HABEAS CORPUS directing the Respondent No.2 and 3 to produce the detenue my daughter Swathy Swamy, Aged 40 Years before this Honble Court by removing her custody from Respondent No.2 and 3 and consequently direct the Respondent 2 and 3^.2 and 3^to place her in my custody for rendering proper treatment and bringing her back to normalcy with emotional well-being Considering the^{factthatthesonofthe} detenue is also staying with me. which enhances the possibility of her recovery in the interest of justice and pass such

¶46

lA NO: 1 OF 2025

¶47

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 my daughter Swathy Swamy, Aged 40 Years before this Hon ble court by removing her custody from Respondent No.2 & 3 arid consequently direct the Respondent No.2&3 to place her in my custody tor rendering proper treatment and bringing her back to normalcy with emotional wellbeing Considering the fact that the son of the detenue is also slaying with me, which enhances the possibility of her recovery, pending disposal^{ofthemainWrit} Petition and pass such

¶48

lA NO: 2 OF 2025

¶49

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 pleased to direct the Respondent No.2/ Rehabilitation Centre to submit a report to the Hon’ble Court regarding the what type of medication and treatment they are giving and the reasons or the lack of improvement in my daughter's health over the past two years, pending disposal of Writ Petition and pass such

¶50

Counsel for the Petitioner:

¶51

1 .SATYA SREENIVASA RAO K

¶52

Counsel for the Respondent{S):

¶53

1.M/S INDUS LAW FIRM

¶54

2.THE ADVOCATE GENERAL

¶55

3.K NARSI REDDY

¶56

3

¶57

RRR, J&JS,J W.P.No.7631 of 2025

¶58

The Court made the following order: (perHon’ble Sri^{JusticeR.RaghunandanRao)}

¶59

The learned counsel for the petitioner, after some arguments, seeks leave of this Court to withdraw the Writ Petition with liberty to approach this Court for modificaton of the earlier order, dated 08.01.2024,^{inW.P.No.23935} of 2023 or to approach the Hon’ble Supreme Court.

¶60

Accordingly, this Writ Petition is dismissed as withdrawn^withliberty.

¶61

There shall be no order as to costs.

¶62

As a sequel, pending miscellaneous applications, if^any, shall stand

¶63

closed.

¶64

//TRUE COPY//

¶65

Sd/- M. PRABHAKAR RAO ASSISTANT REGISTRAR