Dr K Narmada vs The State Of Ap on 22 July, 2025

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Andhra Pradesh High Court – Amravati

Dr K Narmada vs The State Of Ap on 22 July, 2025

Author: R Raghunandan Rao

Bench: R Raghunandan Rao

 APHC010176692023

                    IN THE HIGH COURT OF ANDHRA PRADESH
                                      AT AMARAVATI

                               (Special Original Jurisdiction)     j

               TUESDAY, THE TWENTY SECOND DAY OF JULY                  X
                    TWO THOUSAND AND TWENTY FIVE

                                     PRESENT

         THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO

                                        AND


          THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM

                                  IA.No.2 OF 2025

                                      IN/AND

                      WRIT PETITION NO: 8965 OF 2023

Between:


   1. Dr K Narmada, W/o Kudaravalli Shravan, Aged about 40 years, Occ.
       Doctor, R/o Plot No.304, Road No.78, Jubilee Hills, Hyderabad.
   2. Kudaravalli Shravan, S/o K. Subrahmanyeswara Rao, Aged about 42
      years, Occ Auditor, R/o Plot No.304, Road No.78, Jubilee Hills,
       Hyderabad.

   (Petitioner No.2 was Impleaded as per c.o.dt.19.11.2024 vide I.A.No.6
   Of 2023 in W.P.No.8965 of 2023)

                                                                 ...Petitioners

                                       AND


   1. The State of Andhra Pradesh, Represented by its Principal Secretary,
       Home Department, Amavaravati, Andhra Pradesh.
  2. The Deputy Superintendent of Police, CID, Economic offences Police
       Station, Mangalagiri,
    3. The Crime Investigation Department, Economic offences Police Station,
       Mangalagiri, Represented by Deputy Superintendent of              Police   its

      Station House Officer, Mangalagiri, Guntur District.
   4. Additional Superintendent of Police, CID, Economic Offences, Regional
      Office, Visakhapatnam.
   5. The Crime Investigation Department, Economic Offences, Regional
      Office, Visakhapatnam, Additional Superintendent of Police.

                                                                    ...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 of Habeas Corpus and/or any other similar Writ, Order
and direction more particularly like one in the nature of Writ of HABEAS
CORPUS declaring the.

        I.   Arrest of Kudaravalli Shravan made by the Respondent Police and
             the Remand Order dated 30/03/2023 of the III Additional Chief

             Metropolitan Magistrate, Vijayawada in FIR (Crime) No.2 of 2023
             dated 10/03/2023 on the file of the CID, RO, Vijayawada for the
             alleged offences under Sections 420, 409, 120(B), 477(A) R/w 34
             IPC and Section 5 of the Andhra Pradesh Protection of Depositors

             of Financial Establishments Act, 1999 and Section 76, 79 of Chit
             Funds Act, 1982.

       II.   Order dated 06/04/2023 in SR.CrI.MP. 1920/23 issuing PT Warrant
             against the Accused (Kudavalli Sharavan) to be produced on or
             before   20/04/2023   of        the   Metropolitan   Sessions   Judge,
             Visakhapatnam.
      III.   Arrest of Kudaravalli Shravan made by the Respondent Police and
             the Remand Order dated 12/04/2023 of the Metropolitan Sessions
             Judge,   Visakhapatnam     in     FIR (Crime)   No.8 of 2023 dated
             10/03/2023 on the file of the CID, Visakhapatnam for the alleged
             offences under Sections 420, 409, 120(B), 477(A) R/w 34 IPC and
             Section 5 of the Andhra Pradesh Protection of Depositors of
            Financial Establishments Act, 1999 and Section 76, 79 of Chit
            Funds Act, 1982 as illegal, arbitrary, wholly without jurisdiction
            and violative of Principals of Natural Justice and Article 14, 19, 21,
            22 of the Constitution of India and the provisions of the Code of
            Criminal Procedure,      1973 and consequently to direct               the

            Respondents to forthwith release Kudaravalli Shravan,                  S/o

            Kudaravalli Subrhamanyeswara Rao from the District              Jail    at

            Vijayawada and pass Paragraph

(ill was inserted in the main prayer as per c.o.dt.07.01.2025 vide I.A.No.5
of 2023 in W.P.No.8965 of 2023.)
lA NO: 4 OF 2023


     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
suspend the Order dated 06/04/2023 in SR.CrI.MP. 1920/23 issuing PT
Warrant against the Accused (Kudavalli Sharavan) to be produced on or
before 20/04/2023 of the Metropolitan Sessions Judge, Visakhapatnam
lA NO: 2 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
may be pleased to permit the Petitioners to withdraw the above WP.No.8965
of 2023 and consequently dismiss the as withdrawn with liberty to the
Petitioners to file appropriate proceedings before        appropriate forum for
damages

Counsel for the Petitioners: KAMBHAMPATI RAMESH BABU
Counsel for the Respondents: PUBLIC PROSECUTOR
Counsel for the Respondents: THE ADVOCATE GENERAL
The Court made the following order:
               -K




r *


      APHC010176692023

                           IN THE HIGH COURT OF ANDHRA PRADESH
                                         AT AMARAVATI                         [3541]
                                  (Special Original Jurisdiction)

                    TUESDAY, THE TWENTY SECOND DAY OF JULY
                           TWO THOUSAND AND TWENTY FIVE

                                        PRESENT

              THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO

                THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM

                                     I.A.No.2 of 2025

                                          IN/AND

                             WRIT PETITION NO: 8965/2023

      Between;


        1.DR K NARMADA, W/0 KUDARAVALLI SHRAVAN, AGED ABOUT 40
         YEARS, OCC. DOCTOR, R/0 PLOT NO.304, ROAD N0.78, JUBILEE
          HILLS, HYDERABAD.

        2.KUDARAVALLI SHRAVAN,, S/0 K.SUBRAHMANYESWARA RAO,
         AGED ABOUT 42 YEARS,OCC AUDITOR,             R/0  PLOT
          NO.304,ROAD N0.78,JUBILEE HILLS,HYDERABAD. PETITIONER
           N0.2 WAS IMPLEADED AS PER C.O.DT.19.112024                 VIDE LA.N0.6
           OF 2023 IN W.P.N0.8965 OF 2023 .


                                                                    ...PETITIONER(S)
                                           AND

        1.THE      STATE     OF   AP,    REPRESENTED        BY      ITS   PRINCIPAL
           SECRETARY,        HOME    DEPARTMENT,        AMAVARAVATI,       ANDHRA
           PRADESH.


        2.THE DEPUTY SUPERINTENDENT OF POLICE,                      CID, ECONOMIC
           OFFENCES POLICE STATION, MANGALAGIRI,

        3.THE   CRIME  INVESTIGATION   DEPARTMENT,    ECONOMIC
          OFFENCES POLICE STATION, MANGALAGIRI, REPRESENTED BY
           DEPUTY        SUPERINTENDENT     OF   POLICE    ITS   STATION     HOUSE
                                        2




     OFFICER, MANGALAGIRI, GUNTUR DISTRICT.

   4.ADDITI0NAL      SUPERINTENDENT         OF   POLICE,    CID,   ECONOMIC
     OFFENCES, REGIONAL OFFICE, VISAKHAPATNAM.

   5.THE     CRIME       INVESTIGATION        DEPARTMENT,          ECONOMIC
     OFFENCES , REGIONAL OFFICE, VISAKHAPATNAM, ADDITIONAL
     SUPERINTENDENT OF POLICE.


                                                         ...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 of Habeas Corpus and/or any other similar
Writ, Order and direction more particularly like one in the nature of Writ of
HABEAS CORPUS declaring the. (I) Arrest of Kudaravalli Shravan made by
the Respondent Police and the Remand Order dated 30/03/2023 of the III
Additional Chief Metropolitan Magistrate, Vijayawada in FIR (Crime) No.2 of
2023 dated 10/03/2023 on the file of the CID, RO, Vijayawada for the alleged
offences under Sections 420, 409, 120(B), 477(A) R/w 34 IPC and Section 5
of the Andhra Pradesh Protection of Depositors of Financial Establishments
Act, 1999 and Section 76, 79 of Chit Funds Act, 1982. (II) Order dated
06/04/2023 in SR.CrI.MP.1920/23 issuing PT Warrant against the Accused
(Kudavalli Sharavan) to be produced on or before 20/04/2023 of the
Metropolitan Sessions Judge, Visakhapatnam.          (HI) Arrest of Kudaravalli
Shravan made by the Respondent Police and the Remand Order dated
12/04/2023 of the Metropolitan Sessions Judge, Visakhapatnam in FIR
(Crime) No.8 of 2023 dated 10/03/2023 on the file of the CID, Visakhapatnam
for the alleged offences under Sections 420, 409, 120(B), 477(A) R/w 34 IPC
and Section 5 of the Andhra Pradesh Protection of Depositors of Financial
Establishments Act, 1999 and Section 76, 79 of Chit Funds Act, 1982           as
illegal, arbitrary, wholly without jurisdiction and violative of Principals of
Natural Justice and Article 14, 19, 21, 22 of the Constitution of India and the
provisions of the Code of Criminal Procedure, 1973 and consequently to direct
the Respondents to forthwith release Kudaravalli Shravan, S/o Kudaravalli
Subrhamanyeswara Rao from the District Jail at Vijayawada and pass
Paragraph (III) was inserted in the main prayer as per c.o.dt.07.01.2025 vide
I.A.No.5 of 2023 in W.P.No.8965 of 2023.

lA NO: 1 OF 2023


      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
                                        3




pleased to dispense with the filing of the Order dated           06/04/2023   in
SR.CrI.MP.1920/23 issuing PT Warrant against the Accused (Kudavalli
Sharavan) to be produced on or before 20/04/2023 of the Metropolitan
Sessions Judge, Visakhapatnam and to pass
lA NO: 2 OF 2023


      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 dispense with the filing of the Certified Copy of the Remand Order
dated 30/03/2023 of the III Additional Chief Metropolitan Magistrate,
Vijayawada in FIR (Crime) No.2 of 2023 dated 10/03/2023 on the file of the
CID, RO, Vijayawada for the alleged offences under Sections 420, 409,
120(B), 477(A) R/w 34 IPC and Section 5 of the Andhra Pradesh Protection of
Depositors of Financial Establishments Act, 1999 and Section 76, 79 of Chit
Funds Act, 198206/04/2023 and pass
lANO: 3 0F 2023


      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 enlarge Kudaravalli Shravan on interim bail from the District Jail at
Vijayawada pending disposal of the above writ petition and to pass
lA NO: 4 OF 2023


      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 suspend the Order dated 06/04/2023 in SR.CrI.MP.1920/ 23 issuing
PT Warrant against the Accused (Kudavalli Sharavan) to be produced on or
before 20/04/2023 of the Metropolitan Sessions Judge, Visakhapatnam and to
pass

lA NO: 5 OF 2023

      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 amend the prayer in the WP.No.8965 of 2023 by inserting the
following paragraph: 8 (III) Arrest of Kudaravalli Shravan made by the
Respondent Police and the Remand Order dated 12/04/2023 of the
Metropolitan Sessions Judge, Visakhapatnam in FIR (Crime) No.8 of 2023
dated 10/03/2023 on the file of the CID, Visakhapatnam for the alleged
offences under Sections 420, 409, 120(B), 477(A) R/w 34 IPC and Section 5
of the Andhra Pradesh Protection of Depositors of Financial Establishments
                                         4




Act, 1999 and Section 76, 79 of Chit funds Act, 1982;         after the paragraph
8(11) in the Writ Petition prayer and pass
lA NO: 6 OF 2023


      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 pieased
Pleased to implead and permit the second petitioner(Proposed party) to come
on record as second petitioner in the writ petition no 8965/2023

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
leased to permit the Petitioners to amend the Affidavit and the prayer in the
Writ Petition as under: Insert the following Paragraph after Paragraph 6:
Paragraph 6A: It Is submitted that the Respondent Police have resorted to
this illegality solely based on the instructions of the political bosses at the
relevant point in time. Because of illegal arrest and detention, the Petitioners
lost their reputation once and for all in their locality and were also subjected to
abuse including physical          abuse and notwithstanding the same the
Respondent Police registered false FIR stating the Second Petitioner self-
inflicted wounds while in custody during enquiry. The Petitioners' children
suffered mental agony as well. After implicating in several crimes and
subjecting the Petitioners to mental agony and abuse. Respondent Police on
04/ 11/2024 reported to this Hon'ble Court that the registration of crimes is a
mistake of fact. The action of the Respondent Police is wholly illegal and in
gross abuse of the process of the law. The arrest and detention of the
Second Petitioner is in blatant violation of fundamental         rights guaranteed
under Part III of the Constitution of India. Therefore, the        Petitioners are

entitled to a sum of Rs. 1,00,00,000/- (Rupees one crore only) towards
compensation for illegal detention and loss of reputation and for physical and
mental abuse caused. Old Prayer: Issue a writ of Habeas Corpus and/or any
other similar Writ, Order and direction more particularly like one in the nature
of Writ of HABEAS CORPUS declaring the: (!) Arrest of Kudaravalli Shravan
made by the Respondent Police and the Remand Order dated 30/03/2023 of
the III Additional Chief Metropolitan Magistrate, Vijayawada in FIR (Crime)
No.2 of 2023 dated 10/03/2023 on the file of the CID, RO, Vijayawada for the
alleged offences under Sections 420, 409, 120(B), 477(A) R/w 34 IPC and
Section 5 of the Andhra Pradesh Protection of Depositors of Financial
Establishments Act, 1999 and Section 76, 79 of Chit Funds Act, 1982; (II)
Order dated 06/04/2023 in SR.Crl.MP.No.1920/23 issuing PT Warrant against
                                          5




the Accused (Kudavalli Sharavan) to be produced on or before 20/04/2023 of
the Metropolitan Sessions Judge, Visakhapatnam; as illegal, arbitrary, wholly
without jurisdiction and violative of Principals of Natural Justice and Article 14,
19, 21, 22 of the Constitution of India and the provisions of the Code of
Criminal Procedure, 1973 and consequently to direct the Respondents to
forthwith release Kudaravalli Shravan, S/o Kudaravalli Subrhamanyeswara
Rao from the District Jail at Vijayawada and pass such other order or orders
as this Hon'ble Court may deem fit and proper in the circumstances of the
case. New Prayer: Issue a writ of Habeas Corpus and/or any other similar
Writ, Order and direction more particularly like one in the nature of Writ of
HABEAS CORPUS declaring the: (!) Arrest of the Second Petitioner made by
the Respondent Police and the       Remand Order dated 30/03/2023 of the III
Additional Chief Metropolitan Magistrate, Vijayawada in FIR (Crime) No. 2 of
2023 dated 10/03/2023 on the file of the CID, RO, Vijayawada for the alleged
offences under Sections 420, 409, 120(B), 477(A) R/w 34 IPC and Section 5
of the Andhra Pradesh Protection of Depositors of Financial Establishments
Act, 1999 and Section 76, 79 of Chit Funds Act, 1982; (11) Order dated
06/04/2023 in SR.CrI.MP.No.1920/23 issuing PT Warrant against the Second
Petitioner to be produced on or before           20/04/2023 of the Metropolitan
Sessions Judge, Visakhapatnam:             as illegal, arbitrary, wholly without
jurisdiction and violative of Principals of Natural Justice and Article 14, 19, 20,
21, 22 (2) of the Constitution of India and       the provisions of the Code of
Criminal Procedure, 1973 and consequently to direct the Respondents to
forthwith grant Rs. 1,00,00,000/- (Rupees one crore      only) towards
compensation to the Petitioners towards compensation for illegal detention
and loss of reputation and for physical and mental abuse and in registering
FIR No. 174 of 2023 on the file of Tadepalli Police State for the alleged
offence under Section 309 Indian Penal Code, 1860 and pass such other
order or orders as this Hon'ble Court may deem fit and proper in the
circumstances of the case, and pass.
lA NO: 2 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
may be pleased to permit the Petitioners to withdraw the above WP.No.8965
of 2023 and consequently dismiss the as withdrawn with liberty to the
Petitioners to file appropriate proceedings       before appropriate forum for
damages and pass

Counsel for the Petitioner(S):
                                  6




  1.KAMBHAMPATI RAMESH BABU


Counsel for the Respondent(S):

  1. PUBLIC PROSECUTOR

  2.THE ADVOCATE GENERAL
                                                 7




Th© Court msd© th© follOWlriQ 0rcl©ri (per Hon'ble Sn justice R. Raghunandan Rao)

                Sri   Kambhampati        Ramesh       Babu,     learned     counsel   for the
petitioners has filed I.A.No.2 of 2025 seeking leave from this Court to withdraw
the present Writ Petition to pursue illegal remand elsewhere.

        2.      Accordingly, the I.A.No.2 of 2025 is allowed and consequently,
the Writ Petition is dismissed as withdrawn with liberty, subject to provisions of
law. There shall be no order as to costs.


                As a sequel, interlocutory applications pending, if any shall stand
closed.

                                                                        Sd/- U. SPJDEVi
                                                                 ASSISTANTREGISTRAR
                                      //TRUE COPY//
                                                                       SEC          OFFICER

To,

      1. One CC to SRI kambhampati ramesh babu Advocate [OPUC]
      2. Two CCs to      PUBLIC PROSECUTOR, High Court of Andhra Pradesh
        [OUT]
      3. Two CCs to THE           ADVOCATE GENERAL, High Court of Andhra
          Pradesh [OUT]
      4. Two CD Copies

          gsg
 HIGH COURT



DATED: 22/07/2025




ORDER
                                     /3>                        %
IA.No.2 OF 2025   IN/AND         I   X-
                                     4»      B« AUG 2075             f ■
                                                                    m,

. Current Seciion
i: .f
WRIT PETITION NO: 8965 OF 2023

DISMISSING THE WP AS WITHDRAWN
WITHOUT COSTS



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