APHC010498062024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3418]

(Special Original Jurisdiction)

WEDNESDAY, THE TENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO WRIT PETITION NO: 25514/2024 Between:

1. MOHAMMAD JAMAL, S/O.MOHAMMAD MIAH SAHEB, AGED ABOUT

50 YEARS, R/O. DOOR NO.5/28-C-30, PATAN MAHAL STREET, SOCIETY MILL BACK SIDE, GUDIVADA, KRISHNA DISTRICT.

...PETITIONER AND

1. THE STATE OF AP, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, REP BY ITS PRINCIPAL SECRETARY.

2. THE DIRECTOR GENERAL OF POLICE, STATE OF ANDHRA PRADESH, VADDESWARAM, MANGALAGIRI, GUNTUR DISTRICT.

3. THE SUPERINTENDENT OF POLICE, KRISHNA DISTRICT, MACHILIPATNAM.

4. THE STATION HOUSE OFFICER, GUDIVADA II POLICE STATION, GUDIVADA, KRISHNA DISTRICT.

...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 may be pleased to issue a writ, order, or direction, more particularly one in the nature of a Writ of Habeas Corpus or any other appropriate writ, order, or direction, to issue a writ, order, or direction, more particularly one in the nature of a Writ of Habeas Corpus or any other appropriate writ, order, or direction, a. declaring the arrest of the detenu and the consequential remand order dated 08.11.2024 passed by the Learned Judicial Magistrate of First Class, Gudivada in relation to Crime No.263 of 2024 on the file of Gudivada II Town Police Station, Krishna District as arbitrary, illegal, contrary to procedure established, without application of mind, and violative of Article 22 of Constitution of India and contrary to the settled principles of law as laid down by the Hon’ble Apex Court and this Hon’ble Court and consequently declare the arrest as illegal and set aside the said remand order dated 08.11.2024 passed by the Learned Judicial Magistrate of First Class, Gudivada in relation to Crime No.263 of 2024 on the file of Gudivada II Town Police Station, Krishna District by declaring the detention of the detenu as violative of fundamental rights, and direct the Respondents to pay compensation to the detenu for violation of constitutional rights under article 22 of constitution apart from taking appropriate disciplinary action against the concerned police officers and pass such other order or orders as may be deemed fit and proper in the facts and circumstances of the case. Main Prayer was amended as per c.o.dt.28.07.2025 Vide I.A.No.1 of 2025 in W.P.No.25514 of 2024.

IA NO: 1 OF 2024 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 may be pleased to direct the respondent No.3 to produce the CCTV footage of the respondent No.4 police station, pending disposal of the Writ Petition 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 pleased to issued a direction or a Writ in the nature of Habeas Corpus to direct the respondents to produce my son (detenu), namely Mohammad Khaja Baba, before this Hon’ble Court and to pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case” with the following amended prayer;: “It is therefore prayed that this Hon’ble Court may be pleased To issue a writ, order, or direction, more particularly one in the nature of a Writ of Habeas Corpus or any other appropriate writ, order, or direction. To issue a writ, order, or direction, more particularly one in the nature of a Writ of Habeas Corpus or any other appropriate writ, order, or direction, a. declaring the arrest of the detenu and the consequential remand order dated 08.11.2024 passed by the Learned Judicial Magistrate of