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  1. Home/
  2. Library/
  3. High Court Of Andhra Pradesh/
  4. 2024/
  5. September

Gavani Suma vs. the State of Andhra Pradesh,

Decided on 30 September 2024• Citation: WP/16918/2020• High Court of Andhra Pradesh
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                IN THE HIGH COURT OF ANDHRA   PRADESH  :: AMARAVATI               
                             (Special Original Jurisdiction)                      
                     MONDAY,  THE THIRTIETH DAY OF SEPTEMBER                      
                         TWO  THOUSAND   AND TWENTY  FOUR                         
                                     PRESENT                                      
                   HONOURABLE   SRI JUSTICE R RAGHUNANDAN   RAO                   
                                        AND                                       
                        HONOURABLE   SRI JUSTICE HARINATH.N                       
                          WRIT  PETITION NO: 16918 OF 2020                        
          Between:                                                                
          Gavani Suma, W/o Gavani Giridhara Murari, Age 24 year,                  
                                                          Occ: House Wife,        
          R/o D.No.8-155, MR Palli, Tirupati Uraban and Mandal,                   
                                                       Chittor District.          
                                                            ...PETITIONER         
                                       AND                                        
             1. The State of Andhra Pradesh, rep. by its Principal                
                                                       Secretary, Home            
               Department, Velagapudi, Amaravatl, Guntur District.                
             2. The Director General of Police, Mangalagiri, Guntur               
                                                         District                 
             3. The Superintendent of Police, Tirupati Urban, Chittor             
                                                         District                 
             4. The Deputy Superintendent of Police, West Zone, Tirupati          
                                                              Urban,              
               Chittor District.                                                  
             5. Narasappa, S/o Not Knnown,Aged about 54 years,Occ DSP,            
                                                                West              
               Zone, Tirupati Urban, Chittor District.                            

             6. The Station House Officer, MR Palli Police Station, Tirupati, Chittor
               District.                                                          
                                                          ...RESPONDENTS          
                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 declaring the action of the respondents 
          particularly 4th,5th and 6th as illegal and unconstitutional in detaining the
          husband of the petitioner namely Gavani Giridhara Murari, aged about 53 
          years, and Aadhar Card No. 4004 3892 0773 and further to direct the     
          respondents forth with produce him before this Hon’ble this Court.      
          Counsel for the Petitioner(s): SRI CHALLA AJAY KUMAR                    
          Counsel for the Respondents 1 to 4 & 6 : GP FOR HOME                    
          Counsel for the Respondent No.5 : NONE                                  
          The Court made the following: ORDER                                     

           APHC010256682020                                                       
                         IN THE HIGH COURT  OF ANDHRA  PRADESH                    
                                      AT AMARAVATI                 [3488]         
                                (Special Original Jurisdiction)                   
                     MONDAY,  THE THIRTIETH DAY OF SEPTEMBER                      
                         TWO  THOUSAND  AND  TWENTY  FOUR                         
                                     PRESENT                                      
                 THE HONOURABLE   SRI JUSTICE R RAGHUNANDAN   RAO                 
                     THE  HONOURABLE   SRI JUSTICE HARINATH.N                     
                            WRIT PETITION NO: 16918/2020                          
          Between:                                                                
          Gavani Suma                                        ...PETITIONER        
                                        AND                                       
          The State Of Andhra Pradesh and Others         ...RESPONDENT(S)         
          Counsel for the Petitioner:                                             
             1.CHALLA AJAY KUMAR                                                  
          Counsel for the Respondent(S):                                          
             1.GP FOR HOME                                                        
                                                                                V 
           The Court made the following order-.(per Hon’ble Sri                   
                                                     Justice R Raghunandan Rao)   
                                                                               /  
                On 14.10.2020, a Division Bench of this Court, had directed the   
           3'”'^ respondent - Superintendent of Police, Chittoor                  
                                                    District, to file an affidavit
           mentioning all the details of the bailable cases offences which have been
           registeredOn MR Palli Police Station from 01.01.2020 till 14.10.2020 and
          whether the procedure contemplated under Section 41-A of the Code of    

                                          2                                       
           Criminal Procedure, 1973 (in short “Cr.P.C.), in terms                 
                                                          of the Judgment of      
           Arnesh Kumar vs. State of Bihar\                                       
                2.   In pursuance of these directions, an affidavit has           
                                                               been filed, by     
           the Superintendent of Police, of the said district,                    
                                                   on 22.10.2020. This affidavit  
           contains the details of all the cases registered in                    
                                                     MR Palli Police Station. It  
           shows that 109 cases were registered between 01.01.2020                
                                                           to 17.10.2020 and      
           that notice under Section 41-A of Cr.P.C. was being                    
                                                     issued in bailable cases.    
                3.   In the circumstances, nothing further survives in this       
                                                                Writ Petition     
           and it is accordingly closed, as the detenue had been                  
                                                       released at the time of    
           filing of the Writ Petition itself and also sought                     
                                                  to withdraw the Writ Petition.  
           There shall be no order as to costs.                                   
                As a sequel, interlocutory applications pending, if               
                                                            any shall stand       
           closed.                                                                
            2014(8) SCALE 250                                                     
                                                           Sd/- V. DIWAKAR        
                                                       DEPUTY  REGISTRAR          
                                    //TRUE COPY//                                 
                                                               /tS                
                                                         SECTION  OFFICER         
           To,                                                                    
              1. One CC to Sri Challa Ajay Kumar, Advocate [OPUC]                 
             2. Two CCs to GP for Home, High Court of Andhra Pradesh.             
                                                              [OUT]               
             3. Three CD Copies                                                   
           Madhu                                                                  

           HIGH   COURT                                                           
           DATED:30/09/2024                                                       
           ORDER                                                                  
           WP.No.16918of      2020                                                
           CLOSING     THE   WP   WITHOUT     COSTS