Andhra Pradesh HC says authorities should apply the mind before issuing places

Justice Subba Reddy Satti of the High Court Andhra Pradesh said a search circular (place) is a coercive measure that has certainly negative civil consequences, as far as it does “A person surrenders himself and, consequently, interferes with his right to personal freedom and free movement.”

In addition, the Court held that the issuing authority should apply its mind to the facts of each case before issuing a place.

The decision came in a case in which the Court was in charge of a written petition that sought to declare the viewing circular against the petitioner by the respondents 1 to 3, to 4 to 6 in crime no. 319 of 2024, the Airport Police Station, Visakhapatnam, as illegal, arbitrary and rapist of Article 21 of the Constitution of India.

The petitioner, manager in Capgemini Australia, arrived in India for the last rites of his father -in -law. He was detained at Visakhapatnam Airport and was later informed about the pendentin.

Initially, an SMT. Thammineni Jyothsna Rani filed a complaint against the petitioner, his mother, sister and one, accused harassment in front of the Disha, Visakhapatnam police station. One case was registered for crimes under sections 498A, 506 and 323 of the Indian Criminal Code (IPC) and sections 3 and 4 of the Law on the prohibition of the dowry, 1961. A sheet of accusation was subsequently filed before the Metropolitan Magistrate, Visakhapatnam, of which the petitioner was aware. A notification under section 41A of the Criminal Procedure Code (CR.PC) was also issued to the petitioner and others, who cooperated during the investigation.

Later, the petitioner submitted the divorce in accordance with section 13 (1) (Ia) of the Hindu marriage law of 1955, and the marriage was dissolved, with SMT. Tammineni Jyothsna Rani remained ex part. The petitioner’s lawyer claimed that after the marriage was dissolved by the competent court, the petitioner married a SMT. U. Swathi on 07.08.2024. After that, smt. Thammineni Jyothsna Rani filed another complaint in front of the airport police on 10.09.2024. This complaint was registered as a crime no.319 of 2024, from 17.09.2024, for crimes in accordance with sections 85 and 82 of Bharatiya Nyaya Sanhita. The fifth respondent (superintendent of the police, Visakhapatnam) issued a search circular in relation to the crime mentioned against the petitioner, and the same was sent to respondents 1 to 3.

The court held that the petitioner, with his residence in Australia, at the time of registration, may not have been up to date. The police have already complied with a notification in accordance with section 35 (3) of Bharatiya Nagarik Suraksha Sanhita (BNSS), and the petitioner provided guarantees and cooperated with the investigation. In view of these facts, the issuance of a place was unjustified. The fifth respondent was thus guided to withdraw a place issued on 17.09.2024 in crime no.319 of 2024, the airport police station, Visakhapatnam.

The petition was allowed later.

Case number: Written petition: 4788/2025

Case title: PAGADI SANTOSH KUMAR v. Union of India

Date of Judgment: 12.03.2025

Click here to read/download your order