Mekala Sravani, Vs The State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2026)

Mekala Sravani, Vs The State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2026)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the seven named detenues were illegally confined or detained by the police, such that a writ petition in the nature of habeas Corpus directing their production before the Court and immediate release could be maintained.

Court's answer

Since the alleged detenues were formally arrested in Crime No.37 of 2026, produced before the concerned Magistrate and Section 41A CrPC notices were issued (a fact conceded by petitioners' counsel), it cannot be said that they are illegally confined or detained by the police; accordingly the habeas corpus writ petition cannot be maintained.

Detailed headnote1 paragraphs

Andhra Pradesh High Court at Amaravati (Special Original Jurisdiction), Writ Petition No. 5797/2026, decided 02.03.2026; bench of Cheekati Manavendranath Roy and Tuhin Kumar Gedela, JJ.; order per Roy, J. Two wives of Akividu, West Godavari District filed a petition under Article 226 of the Constitution of India in the nature of Writ of Habeas Corpus seeking production and release of seven named men, alleging that unknown persons/police personnel in civil dress forcibly entered the petitioners' residence on 22.02.2026 and 26.02.2026 and illegally took the detenues away. The Assistant Government Pleader, on written instructions placed on record, submitted that several crimes are registered against the alleged detenues and that they were arrested on 24.02.2026 in Crime No.37 of 2026 registered under Section 303 (2) of the Bharatiya Nyaya Sanhita, 2023 (M.O. Unclassified) of Narasannapeta Police Station and produced before the concerned Magistrate, and that Section 41A of the Code of Criminal Procedure, 1973 was issued to them — a fact conceded by petitioners' counsel. Held: detention flowing from formal arrest and judicial production cannot be treated as illegal confinement by the police, so a habeas corpus petition is not maintainable. Disposition: writ petition dismissed; no order as to costs; pending miscellaneous petitions closed.

1

APHC010108752026

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

[3558]

MONDAY,THE SECOND DAY OF MARCH TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA

WRIT PETITION NO: 5797/2026

Between:

MEKALA SRAVANI,, W/O.MEKALA CHIRANJEEVI, AGED 35 YEARS, OCC HOUSEWIFE, R/O.AKIVIDU MUNICIPALITY, WEST GODAVARI DISTRICT.

DAASU JAHNAVI,, W/O.DAASU RAMESH, AGED ABOUT 34 YEARS, OCC HOUSEWIFE, R/O.AKIVIDU MUNICIPALITY, WEST GODAVARI DISTRICT.

...PETITIONER(S)

AND

THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATI.

THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH, MANGALAGIRI.

THE SUPERINTENDENT OF POLICE, WEST GODAVARI AT BHIMAVARAM.

THE STATION HOUSE OFFICER, AKIVIDU POLICE STATION, WEST GODAVARI DISTRICT.

UNKNOWN PERSONS / POLICE PERSONNEL IN CIVIL DRESS, WHO FORCIBLY ENTERED THE PETITIONER'S RESIDENCE ON 22.02.2026 AND 26.02.2026 AT ABOUT 5.30 AM AND 3.30 AM

2

RESPECTIVELY AND ILLEGALLY TOOK AWAY THE DETENUES

...RESPONDENT(S):

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 a Writ, Order or Direction, more particularly, one in the nature of Writ of Habeas Corpus, directing the Respondents to produce the detenues (1) Mekala Chiranjeevi, S/o.Mekala Penteya, (2) Dasu Ramesh, S/o.Dasu Rajesh, (3) Bala Das S/o.Venkanna, (4) Ponnarusu Babu S/o.Ramudu, (5) Gorrela Mahesh, S/o.Gorrela Majji (6) Mekala Vasudev, S/o.Marri Babu, (7) D.Kiran, S/o.Dasu Bhalu, all are R/o.Akivid, West Godavari District, before this Hon'ble Court forthwith and, upon such production, to declare his detention as illegal, arbitrary and unconstitutional and consequently direct them to release immediately,

Counsel for the Petitioner(S):

1.B CHANDRA SHEKHAR

Counsel for the Respondent(S):

1.THE ADVOCATE GENERAL

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The Court made the following:

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

Heard learned counsel for the petitioners and learned Assistant Government Pleader attached to the office of learned Advocate General for official respondents 1 to 4.

Learned Assistant Government Pleader, on instructions, would submit that several crimes are registered against the alleged detenues and they were arrested in connection with a case in Crime No.37 of 2026 registered against them under Section 303 (2) of the Bharatiya Nyaya Sanhita, 2023 (M.O. Unclassified) of Narasannapeta Police Station on 24.02.2026 and they are produced before the concerned Magistrate. Written instructions received by him to that effect are also placed on record. It is stated that Section 41A of the Code of Criminal Procedure, 1973 was issued to them. The said fact is also conceded by the learned counsel for the petitioners.

In that view of the matter, it cannot be said that the detenues are illegally confined or detained by the police to maintain this writ petition filed for Habeas Corpus.

Therefore, the Writ Petition is dismissed. There shall be no order as to costs.

Miscellaneous petitions, if any pending, in the Writ Petition, shall stand closed.

________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

_____________________________ JUSTICE TUHIN KUMAR GEDELA

ARR

Date: 02.03.2026

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122

THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

AND

THE HON’BLE SRI JUSTICE TUHIN KUMAR GEDELA

WRIT PETITION NO: 5797/2026

Date: 02.03.2026

ARR