Disposed¶38

Kandula Lakshmi Suswetha, v. State of Andhra Pradesh

Andhra Pradesh HC25 Feb 2026WP/5677/2026

Case brief

AI extract

What is this about?

Andhra Pradesh High Court at Amaravati; W.P.No.5677 of 2026; writ of habeas corpus; Article 226 Constitution of India; illegal custody/detention claim by mother for sons Kandula Sri Harsha and Kandula Komal; Crime No.9 of 2026 Kavali Government Railway Police Station; arrest and remand to judicial custody before Special Judicial Magistrate of First Class, Railway Court, Nellore; custody held not illegal; remedy is bail before appropriate Court; petition closed with liberty to seek bail; no costs; bench CMR,J & GTK,J; order per Cheekati Manavendranath Roy, J; decided 26-02-2026.

What did the court decide?

Writ Petition closed; liberty granted to the petitioner as well as the two detenues (Kandula Sri Harsha and Kandula Komal) to move for bail before the concerned Court; no order as to costs. ¶38

Kandula Lakshmi Suswetha, Vs State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2026)

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[3558]

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APHC010103982026

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

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THURSDAY,THE TWENTY SIXTH DAY OF FEBRUARY 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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THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA

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WRIT PETITION NO: 5677/2026

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Between:

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KANDULA LAKSHMI SUSWETHA,, W/O SAI RAVI KIRAN, AGED ABOUT 42 YEARS, R/O 19-5-24, FLAT NO. 1/7, SRI SNEHA APARTMENTS, KAMBALA CHERUVU, NEAR INCOME TAX OFFICE, VEERABHADRAPURAM, RAJAMAHENDRAVARAM, EAST GODAVARI DIST. - 533105

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...PETITIONER

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AND

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STATE OF ANDHRA PRADESH, REPRESENTED BY PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS AMARAVATHI, THULLUR MANDAL, GUNTUR DISTRICT-522238.

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THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT-522503.

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THE SUPERINTENDENT OF POLICE, RAILWAYS NELLORE DISTRICT-524001.

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THE DEPUTY SUPERINTENDENT OF POLICE, RAILWAYS NELLORE, NELLORE DISTRICT-524001.

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THE INSPECTOR OF POLICE, RAILWAYS NELLORE, NELLORE DISTRICT-524001.

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THE RAILWAY POLICE STATION, REP BY ITS SHO, NELLORE, NELLORE DISTRICT-524001.

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CMR,J & GTK,J W.P.No.5677 of 2026

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THE SUPERINTENDENT OF POLICE, EAST GODAVARI DISTRICT533101.

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SRI G MURALIDHAR, DEPUTY SUPER INTENDENT OF POLICE, RAILWAY POLICE STATION, NELLORE, NELLORE DISTRICT524001.

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CH SURESH KUMAR, SHO, NELLORE RAILWAY POLICE STATION, NELLORE DISTRICT-524001.

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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 pleased toPleased to issue an order, writ or direction, more particularly one in the nature of Writ of Habeas Corpus, directing the Respondents No. 4 to 6 to produce 1. Mr. Kandual Sri Harsha, s/o Kandula Lakshmi Suswetha, Aged about 25 years, R/o 19-5-24, Flat No. 1/7, Sri Sneha Apartments, Kambala Cheruvu, Near Income Tax Office,Veerabhadrapuram, Rajamahendravaram, East Godavari Dist. - 533105 and 2. Mr. Kandual Komal, s/o Kandula Lakshmi Suswetha, Aged about 24 years, R/o 19-5-24, Flat No. 1/7, Sri Sneha Apartments, Kambala Cheruvu, Near Income Tax Office, Veerabhadrapuram, Rajamahendravaram, East Godavari Dist. - 533105 to produce before Hon'ble Court from their illegal custody and direct Respondents 2 and 3 herein to initiate necessary action against Respondents 4, 5 and 8 for the illegal detention of detenue

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Counsel for the Petitioner:

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1.GOLI GANESH VENKATA SATYA SAI

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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.5677 of 2026

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ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy)

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Seeking direction to the respondents 4 to 6-police officials, to produce the persons by name Kandula Sri Harsha and Kandula Komal before the Court, alleging that they are in illegal custody of respondents 2 and 3 and thereafter to set them at liberty, the present Writ Petition for Habeas Corpus has been filed by the writ petitioner, who is the mother of the aforesaid two persons.

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Heard Mr.Goli Ganesh Venkata Satya Sai, learned counsel for the petitioner and learned Assistant Government Pleader attached to the office of the learned Advocate General, for the official respondents 1 to 7.

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When the matter is taken up for hearing, learned Assistant Government Pleader, on instructions, would submit that a case was registered against the aforesaid two persons by name Kandula Sri Harsha and Kandula Komal in Crime No.9 of 2026 of Kavali Government Railway Police Station and both of them were arrested in connection with the said crime at 08:00 a.m. yesterday i.e., on 25.02.2025 and thereafter they are produced before the learned Special Judicial Magistrate of First Class, Railway Court, Nellore, and they are remanded to judicial custody.

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In that view of the matter, it cannot be said that the aforesaid two persons are in illegal custody of the police as alleged by the petitioner. Therefore, the petitioner and the aforesaid two persons have to pursue their remedy of seeking bail before the appropriate Court.

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Recording the aforesaid submissions of learned Assistant Government Pleader, the Writ Petition is closed. However, liberty is granted to the petitioner as well as the aforesaid two persons to move for bail before the concerned Court. There shall be no order as to costs.

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CMR,J & GTK,J W.P.No.5677 of 2026

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