Mittapalli Kalpana Kumari v. The State of Andhra Pradesh

Andhra Pradesh HC6 Jan 2026WP/36883/2025

Case brief

AI extract

What is this about?

Andhra Pradesh High Court at Amaravati (Cheekati Manavendranath Roy, J. authoring for the Division Bench with Tuhin Kumar Gedela, J.), W.P.No.36883 of 2025, decided 07.01.2026: habeas corpus petition by Mittapalli Kalpana Kumari for her son Mittapalli Dheeraj Krishna, missing since 27.12.2025; Court recorded that the corpus was arrested on 31.12.2025 in Crime No.861 of 2025 (Arundelpet Police, Guntur), produced before the Magistrate and remanded to judicial custody; no illegal detention found; petition closed with liberty to seek bail.

What did the court decide?

No substantive relief granted; writ petition closed with liberty to the petitioner and the corpus to move for bail before the concerned Court; pending interlocutory applications, if any, closed; no order as to costs. ¶¶42

Mittapalli Kalpana Kumari Vs The State of Andhra Pradesh — Andhra Pradesh HC (2026) — LawSathi Research

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APHC010724452025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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[3558]

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WEDNESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

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AND

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THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA

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WRIT PETITION No.36883 of 2025

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Between:

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MITTAPALLI KALPANA KUMARI, W/O SIVA KUMAR, AGED ABOUT 58 YRS, R/O 12-19-120, KOTTAPET OLD BANK ROAD, KOTHAPET, GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH- 522001.

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...PETITIONER

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AND

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STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO HOME DEPARTMENT, SECRETARIAT VELAGAPUDI GUNTUR DISTRICT - 522238

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THE SUPERINTENDENT OF POLICE, GUNTUR, GUNTUR DISTRICT - 522004

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THE SUB DIVISIONAL POLICE OFFICER, (SDPO WEST) GUNTUR, GUNTUR DISTRICT - 522004

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THE STATION HOUSE OFFICER, ARUNDALPET PS, GUNTUR DISTRICT - 522002

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...RESPONDENT(S):

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CMR,J & GTK,J W.P.No.36883 of 2025

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Counsel for the Petitioner:

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1.SOURI BABU DUPPATI

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Counsel for the Respondent(S):

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1.THE ADVOCATE GENERAL

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The Court made the following:

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CMR,J & GTK,J W.P.No.36883 of 2025

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THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

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AND

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THE HON’BLE SRI JUSTICE TUHIN KUMAR GEDELA

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WRIT PETITION No.36883 of 2025

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O R D E R: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy)

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

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2. This writ petition for habeas corpus is filed seeking direction to the respondent police officials to produce the son of the petitioner, by name Mittapalli Dheeraj Krishna, aged about 31 years, said to have been missing since 27.12.2025, before the Court and then to give his custody to the petitioner.

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3. When a house motion was moved on 01.01.2026, learned Government Pleader attached to the office of the learned Advocate General appearing for the respondents, on instructions, submitted before this Court that the corpus was arrested on 31.12.2025 in connection with a crime registered against him in Crime No.861 of 2025 by the Arundelpet Police of Guntur and that he was also produced before the concerned Magistrate in Guntur. In view of the said submissions made by the learned Government Pleader, learned counsel for the petitioner sought time to seek instructions. Therefore, the matter was adjourned and ordered to be listed on 05.01.2026. However, it is listed today.

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4. Today, learned counsel for the petitioner, on instructions, submits that the corpus was arrested in connection with the above

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CMR,J & GTK,J W.P.No.36883 of 2025

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crime and that he was produced before the concerned Magistrate and he has been in judicial custody at present.

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5. In that view of the matter, it cannot be said that the corpus has been in illegal detention or confinement of the respondents. As the corpus was arrested in connection with the crime registered against him and he has been remanded to judicial custody, the petitioner or the corpus shall take recourse to law by way of filing an application for bail before the concerned Court.

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6. Therefore, recording the aforesaid submissions, the writ petition is closed. However, the petitioner and the corpus are at liberty to seek their remedy of moving for bail in the concerned Court.

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As a sequel, interlocutory applications, if any pending, in this case shall stand closed. There shall be no order as to costs.

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________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

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______________________________________ JUSTICE TUHIN KUMAR GEDELA

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Date: 07.01.2026 IBL

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CMR,J & GTK,J W.P.No.36883 of 2025

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