J.Sunil Babu vs. State Of Andhra Pradesh

Court:High Court of Andhra Pradesh
Judge:Hon'ble Prashant Kumar Mishra
Case Status:Disposed
Order Date:2 Nov 2021
CNR:APHC010327792021

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Order Issued After Hearing

Purpose:

Admission

Before:

Hon'ble Arup Kumar Goswami , Ninala Jayasurya

Listed On:

2 Nov 2021

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Order Text

$\sim$ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY ONE :PRESENT: $^\backprime$ HONOURABLE THE CHIEF JUSTICE PRASHANT KUMAR MISHRA AND

THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI WRIT PETITION NO: 19644 OF 2021

Between:

J.SunilBabu, S/o J. PrasadRao, Occ: Childrens specialist, D.no. 9-4-7Sri pottisreeramulu street, Sullurupeta town and mandal, SPSR Nellore District.

..Petitioner

AND

    1. State of Andhra Pradesh, rep. by its Principal Secretary, Home Department, Secretariat Buildings, Velagapudi, Guntur District.
    1. The Superintendent of Police, Anantapur, Anantapuram District.
    1. The Station House Officer, IV Town Police station Anantapur, Anantapuram District
    1. The Station House Officer, Sullurupeta Police station, SPSR Nellore District.
    1. Eddula Kamalamma, W/o E.C.Obulesu, aged about 60years,
    1. EddulaShanthi Swaroopkumar, S/o E.C.Obulesu, aged about 40years,
    1. Eddula Karuna, D/o E.C.Obulesu, aged about 35years,
    1. Challa rajendraprasad, S/o notknown, aged about 30years,
    1. Eddula Bharathi, D/o E.C.Obulesu, aged about 32years,

All are respondents 5 to 9 herein are residing At D.No. 11-268, plot no. 54, Gowrav Homes, Kakkalapalli colony, 3<sup>rd</sup> lane, Rudrampeta, Anantapuram, Anantapuram District.

...Respondents

$\rightarrow$ 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 No.2 to 4 to produce the petitioner's son i.e., Amit Shahar(aged 7 years) before this Hon'ble Court to set him free.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the earlier order of the High Court dated 07.09.2021 made herein and upon hearing the arguments of Sri Narasimhulu Parise, Advocate for the Petitioner and of Sri Mr. Maheswara Rao Kuncheam, Standing Counsel for the Respondents No.5 to 9 and of Sri Advocate General for the Respondents Nos.1 to 4, the Court made the following.

ORDER:

"Heard Mr. P. Narasimhulu, learned counsel for the petitioner.

Mr. Maheswara Rao Kuncheam, learned counsel for respondent Nos.5 to 9, prays for time to file counter-affidavit.

Post this case after two weeks.

In the meanwhile, the petitioner is at liberty to visit his son, Amit Shahar, aged 7 years, who is presently staying with respondent Nos.5 to 9, without causing any inconvenience to the child. It is expected that as and when the petitioner approaches respondent Nos.5 to 9 to visit the child, the parties will maintain absolute cordiality."

//TRUE COPY//

For Additional Park

۸.

SD/- CHITTI JOSEPH ASSISTANT REGISTRAR

SECTION OPPICER

To,

    1. The Principal Secretary, Home Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District.
    1. The Superintendent of Police, Anantapur, Anantapuram District.
    1. The Station House Officer, IV Town Police station Anantapur, Anantapuram District
    1. The Station House Officer, Sullurupeta Police station, SPSR Nellore District.
    1. Eddula Kamalamma, W/o E.C.Obulesu, residing At D.No. 11-268, plot no. 54, Gowrav Homes, Kakkalapalli colony, 3<sup>rd</sup> lane, Rudrampeta, Anantapuram, Anantapuram District.
    1. EddulaShanthi Swaroopkumar, S/o E.C.Obulesu, residing At D.No. 11-268, plot no. 54, Gowrav Homes, Kakkalapalli colony, 3<sup>rd</sup> lane, Rudrampeta, Anantapuram, Anantapuram District.
    1. Eddula Karuna, D/o E.C.Obulesu, residing At D.No. 11-268, plot no. 54, Gowrav Homes, Kakkalapalli colony, 3<sup>rd</sup> lane, Rudrampeta, Anantapuram, Anantapuram District.
    1. Challa rajendraprasad, residing At D.No. 11-268, plot no. 54, Gowrav Homes, Kakkalapalli colony, 3<sup>rd</sup> lane, Rudrampeta, Anantapuram, Anantapuram District.
    1. Eddula Bharathi, D/o E.C.Obulesu, residing At D.No. 11-268, plot no. 54, Gowrav Homes, Kakkalapalli colony, 3<sup>rd</sup> lane, Rudrampeta, Anantapuram, Anantapuram District. (Addresses 1 to 9 by RPAD)

10)One CC to SRI. P NARASIMHULU, Advocate [OPUC]

  1. Two CC's to SRI. THE ADVOCATE GENERAL, High Court of Andhra Pradesh. [OUT]

12)One CC to Sri Mr. Maheswara Rao Kuncheam, Standing Counsel [OPUC]

13)One spare copy

VD

HIGH COURT

$\frac{\text{HC, J}}{\text{LK, J}}$

DATED: 02/11/2021

NOTE: POST THIS WRIT PETITION NO: 19644 OF 2021 AFTER TWO WEEKS.

ORDER

WP.No.19644 of 2021

$\mathbb{S}^{\mathbb{R}}$ $\sigma_{\rm 2, 1, 2, 2}$ 15 NOV 2021 DESPATO

INTERIM DIRECTION

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