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Kalavakollu Dhana Lakshmi, v. The State of Andhra Pradesh

Habeas Corpus – Article 226

Andhra Pradesh HC2 Mar 2026WP/6031/2026

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Case brief

AI extract

What is this about?

habeas corpus; illegal detention; corpus released; notice under Section 179 of Bharatiya Nyaya Sanhita, 2023 (BNS); Article 226; writ of Habeas Corpus; Mangalagiri Rural P.S.; Sub-Inspector of Police; Station House Officer; Guntur District; Andhra Pradesh High Court at Amaravati; WRIT PETITION NO: 6031/2026; Kalavakollu Dhana Lakshmi; Kalavakollu Gopi Raju; writ petition closed; no order as to costs; interlocutory applications closed; crime registered against corpus; 02.03.2026 release.

What did the court decide?

None; the writ petition was closed (no production order or disciplinary direction issued) as the corpus had already been released, with no order as to costs and pending interlocutory applications closed. ¶¶37

Kalavakollu Dhana Lakshmi, Vs The State of… — Writ and Judicial Review | Andhra Pradesh HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner's husband, Mr. Kalavakollu Gopi Raju, was illegally detained by Respondent Nos. 4 and 5 (Mangalagiri Rural police officials), warranting a writ of habeas corpus directing his production before the Court and his release, and action against those respondents.

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Court's answer

At admission, it was submitted and recorded that the corpus, Mr. Kalavakollu Gopi Raju, had been released after issuance of a notice under Section 179 of the Bharatiya Nyaya Sanhita, 2023 on 02.03.2026, leaving nothing surviving in the writ petition for adjudication.

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Ratio / Principle

Recording the aforesaid submissions of the learned counsel for the petitioner and the learned Assistant Government Pleader for the State, the Writ Petition is closed, with no order as to costs.

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Detailed headnote1 paragraphs

Habeas Corpus – Article 226 – Writ Petition No. 6031/2026 (Andhra Pradesh High Court, Amaravati; decision 03.03.2026): The petitioner sought production of her husband, Mr. Kalavakollu Gopi Raju (the corpus), and setting him at liberty, alleging illegal detention by Respondent Nos. 4 and 5 – police officials of Mangalagiri Rural P.S., Guntur District, and sought initiation of action against them. When the matter was taken up for admission on 03.03.2026, the petitioner's counsel submitted that the corpus was released after issuance of a notice under Section 179 of Bharatiya Nyaya Sanhita, 2023 on 02.03.2026; the Learned Government Pleader confirmed, on instructions, that in a crime registered against the corpus along with others such notice was issued and he was thereafter sent away. Finding nothing survived for adjudication, the Bench (order per Sri Justice Cheekati Manavendranath Roy, with Justice Tuhin Kumar Gedela) closed the writ petition with no order as to costs; pending interlocutory applications stood closed.

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APHC010113082026

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

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[3558]

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TUESDAY,THE THIRD DAY OF MARCH 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: 6031/2026

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Between:

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KALAVAKOLLU DHANA LAKSHMI,, W/O. KALAVAKOLLU GOPI RAJU, AGED ABOUT 31 YEARS, R/O. D.NO.5-79, RAMALAYAM STREET, BETHAPUDI GRAMAM MANGALAGIRI, GUNTUR DISTRICT - 522503.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REPRESENTED BY PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT-522238.

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THE DIRECTOR GENERAL OF POLICE, MANGALAGIRI, GUNTUR DISTRICT, A.P-522503

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THE SUPERINTENDENT OF POLICE, GUNTUR DISTRICT, A.P522002.

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THE SUBINSPECTOR OF POLICE, MANGALAGIRI RURAL P.S, GUNTUR DISTRICT, A.P-522503.

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THE STATION HOUSE OFFICER, MANGALAGIRI RURAL P.S, GUNTUR DISTRICT, A.P-522503.

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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 tomay be pleased to issue an order, writ or direction, more particularly one in the nature of Writ of Habeas Corpus, directing the Respondents No. 4 and 5 to produce the husband of the Petitioner herein viz., Mr. Kalavakollu Gopi Raju, aged about 34 years, R/o.D.No.5-79, Ramalayam Street, 3rd Ward, Bethapudi Gramam, Mangalagiri, Guntur District - 522503 and direct the Respondents No.2 and 3 herein to initiate necessary action against the Respondents Nos.4 and 5 for the illegal detention of the detenue and pass such

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Counsel for the Petitioner:

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1.CKR ASSOCIATES

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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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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: 6031/2026

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ORDER: (Per Sri Justice Cheekati Manavendranath Roy)

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Seeking direction to the respondents 4 and 5 – Police officials to produce the corpus by name Mr.Kalavakollu Gopi Raju, who is the husband of the petitioner alleged to have been illegally detained by the respondents 4 and

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5 before the Court and to set the corpus at liberty, the instant writ petition for Habeas Corpus has been filed by the petitioner.

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2. When the matter is taken up for admission today, the learned counsel for the petitioner submits that the corpus is now released after issuance of notice under Section 179 of Bharatiya Nyaya Sanhita, 2023 (for short, 8the BNS9) yesterday i.e. on 02.03.2026.

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3. Learned Government Pleader appearing for the respondents 1 to 5 also submits, on instructions, that in a crime registered against the corpus along with others, a notice under Section 179 of the BNS was issued to him and thereafter, he was sent away. In that view of the matter, nothing survives in this writ petition for adjudication.

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4. Therefore, recording the aforesaid submissions of both the learned counsel for the petitioner and the learned Assistant Government Pleader for the State, the Writ Petition is closed. There shall be no order as to costs.

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As a sequel, Interlocutory Applications pending, if any, shall stand closed.

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________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

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_____________________________ JUSTICE TUHIN KUMAR GEDELA

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Date: 03.03.2026 KA

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THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA

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