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