APHC010717122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3558]

(Special Original Jurisdiction)

TUESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 36601/2025 Between:

1. KOLLIBOYINA VEERA PRATAP, S/O. PEDDA OBANNA AGED 59 YEARS, OCC- CULTIVATION, R/O. D.NO.3-126, SEETAMPALLE VILLAGE, PRODDUTUR MANDAL, Y.S.R.KADAPA DISTRICT.

...PETITIONER AND

1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT -

522238.

2. THE SUPERINTENDENT OF POLICE, Y.S.R.KADAPA DISTRICT AT KADAPA - 516001.

3. THE SUB DIVISIONAL POLICE OFFICER, MAHILA POLICE STATION, KADAPA, Y.S.R.KADAPA DISTRICT -516001.

4. THE STATION HOUSE OFFICER, PRODDUTUR RURAL POLICE STATION, PRODDUTUR, Y.S.R.KADAPA DISTRICT - 516360.

5. CHALLAPALLI RAKESH, S/O. CHINRANJEEVI, AGED ABOUT 20 YEARS, OCC - PRIVATE EMPLOYEE, R/O. RAMADASU VILLAGE, CHAPADU MANDAL, Y.S.R.KADAPA DISTRICT - 516355.

...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 to issue a writ, order or direction more particularly one in the nature of WRIT OF HABEAS CORPUS directing the respondents 2 to 4 for production of victim person who is petitioners daughter by name Kolliboyina Bhavani, D/o. Kolliboyina Veera Pratap, aged 17 years 10 months, born on 20-02- 2008, Occ Student, R/o. D.No.3-126, Seetampalle Village, Proddutur Mandal, Y.S.R.Kadapa District before this Honble Court by removing from the illegal custody of 5^th respondent or anybody else and consequently direct the respondents to set petitioners daughter be free, in the interest of justice and pass IA NO: 1 OF 2025 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 respondents 2 to 4 to produce the victim person who is petitioner’s daughter by name Kolliboyina Bhavani, D/o. Kolliboyina Veera Pratap, aged 17 years 10 months, born on 20-02-2008, Occ: Student, R/o. D.No.3-126, Seetampalle Village, Proddutur Mandal, Y.S.R.Kadapa District, before this Hon’ble Court by removing from the illegal custody of 5^th respondent or anybody else and set her be free pending disposal of the main Writ Petition and pass Counsel for the Petitioner:

1. RAJENDRA C Counsel for the Respondent(S):

1. RAMALAKSHMANA REDDY SANEPALLI

2. THE ADVOCATE GENERAL The Court made the following:

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

This writ petition for Habeas Corpus under Article 226 of Constitution of India is filed seeking direction to respondent Nos.2 to 4-Police officials to produce the corpus by name Kolliboyina Bhavani, who is a minor girl, before the Court, who is said to be in the illegal custody of respondent No.5 and then to set her at liberty.

2. Heard Ms. T.Sirisha, learned counsel representing Mr. C.Rajendra, learned counsel for the petitioner, learned Assistant Government Pleader attached to the office of learned Advocate General appearing for official respondent Nos.1 to 4 and Ms. Vandana, learned counsel representing Mr. S.Ramalakshmana Reddy, learned counsel appearing for the unofficial respondent No.5.

3. The petitioner is the father of the corpus, by name, Kolliboyina Bhavani. According to him, the unofficial respondent No.5 has illegally detained the corpus in his custody, who is a minor, after taking her away from the lawful custody of her parents. Therefore, he has filed the instant writ petition, seeking the aforesaid relief.

4. When the matter came up for admission earlier on 06.01.2026, while ordering notice to the unofficial respondent No.5, we have directed respondent No.4-Station House Officer of Proddutur Rural Police Station to produce the corpus before the Court. Pursuant to