APHC010642812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3558]

(Special Original Jurisdiction)

THURSDAY,THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 33372/2025 Between:

1. P ONDARI HARSHAVARDHAN, S/O PRASAD, ABOUT 22 YEARS OCC UN-EMPLOYEE, R/O 4-168, HIGH SCHOOL COLONY SINGUPURAM SRIKAKULAM TOWN AND DISTRICT.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY HOME -DEPARTMENT, A.P SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT

2. T HE DIRECTOR GENERAL OF POLICE, GOVT OF AP, MANGALAGIRI GUNTUR DISTRICT

3. T HE SUPERINTENDENT OF POLICE, SRIKAKULAM SRIKAKULAM DISTRICT

4. T HE STATION HOUSE OFFICER, SRIKAKULAM II TOWN POLICE STATION, SRIKAKULAM TOWN AND DISTRICT

5. M ANDALAPU KOTESWARA RAO, S/O NOT KNOWN TO THE PETITIONER GANDHI APARTMENTS,1ST FLOOR,1ST BUILDING, CHINNAMIRAM, KOPALLE, BHIMAVARAM WEST GODAVARI DISTRICT, AP 534206 PRESENT ADDRESS R/O 16-SRINIDHI VRUSHABHA. PLOT NO.392 AND 393 HMT ROAD, SWAMAPURI COLONY, AMEENPUR,MIYAPUR, HYDERABAD, TELANGANA STATE 502033 ...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 to declare the inaetion of the respondents no. 2 to 4 to produce the petitioner wife by name Mandalapu Prasanna Jahnavi from the hands of 5TH respondent on petitioner complaint dt. 12.11.2025 and 17.11.2025 is highly illegal, arbitrary and violation of the Art. 14 and 22 Of Constitution of India and also violation of the principles of natural Justice and Consequently direct the respondent no. 2 to 4 to produce the petitioner wife by name Mandalapu Prasanna Jahnavi from the hands of 5TH respondent on petitioner complaint dt. 12.11.2025 and 17.11.2025 before this Hon'ble Court and pass Counsel for the Petitioner: 1. TOTA TEJESWARA RAO Counsel for the Respondent(S):

1. GP FOR HOME The Court made the following:

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

This writ petition for Habeas Corpus has been filed by the petitioner seeking direction to the respondent police officials to produce the corpus by name Mandalapu Prasanna Jahnavi, who is in the custody of the respondent No.5 and then to give her custody to the petitioner.

2. Heard learned counsel for the petitioner and learned Assistant Government Pleader attached to the office of the learned Advocate General appearing for the respondent Nos.1 to 4. Respondent No.5 is personally present before the Court today and heard him also.

3. It is the case of the petitioner that he and the corpus loved each other while they are pursuing their B-Tech graduation in SRKR Engineering College of Bhimavaram. They belong to two different castes and the parents of the corpus did not agree for their marriage. As they are searching for matches to perform marriage of the corpus with another person, the corpus has voluntarily left Hyderabad where she is working and reached Visakhapatnam and informed the petitioner who is in Srikakulam at his native place about the efforts being made by her parents to perform her marriage and the petitioner reached Visakhapatnam. Thereafter they both married each other in a temple on 07.11.2025 and got the said marriage registered and while they were living together, the 5^th respondent lodged report with the police and on a call received from the police, when the petitioner and the corpus are going to the police station, the 5^th respondent has taken away the corpus from the custody of the petitioner on the way when they are going to the police station and kept her in his illegal custody. Therefore, the instant writ petition has been filed by the writ petitioner for the aforesaid relief.

4. The petitioner has also produced the marriage photographs