The Andhra Pradesh High Court has set aside the remand of a minor who was produced before a regular Magistrate after police treated him as an adult. The Division Bench held that the remand order was illegal, unsustainable and without jurisdiction, and directed his immediate release from judicial custody.
Background of the Case
The petitioner approached the High Court challenging the arrest and remand of his minor son in connection with Crime No.106 of 2026 registered at Samisragudem Police Station. According to the petition, the boy was born on September 12, 2008 and was therefore below 18 years of age when the alleged incident took place on July 20, 2026.
The boy was produced before the Principal Civil Judge (Junior Division), Kovvuru, who was also functioning as the Principal Civil Judge at Nidadavole, and was remanded to judicial custody on August 19, 2026. He was lodged in Central Prison, Rajamahendravaram.
The petitioner argued that the boy should have been dealt with under the Juvenile Justice (Care and Protection of Children) Act, 2015, rather than through the ordinary remand process applicable to adults.
Court's Observation
The police maintained that the date of birth details available to them were unclear and that they believed the boy was born in 2006. However, the High Court was not persuaded by this explanation.
After examining a certified copy of the Aadhaar card and other material, the Bench noted that the boy's actual date of birth was September 12, 2008. The Court also questioned why the police had failed to properly verify the age before producing him before the Magistrate.
"The respondents fairly submit that it is clear from the material produced on behalf of the petitioner, the date of birth of the petitioner's son is 12.09.2008 but not 12.09.2006."
Decision
The High Court held that the August 19, 2026 remand order, insofar as it concerned the minor, was illegal, unsustainable and without jurisdiction. It set aside the order and directed his immediate release. The Court clarified that the authorities could still take action in accordance with the Juvenile Justice Act.
The Bench also imposed Rs.10,000 as costs on the Station House Officer of Samisragudem Police Station, payable personally to the A.P. High Court Legal Services Committee within one week.
The Superintendent of Central Jail, Rajamahendravaram, was directed to take immediate steps for the minor's release.
Case Details
Case Title: Veligatla Venkata Narayana v. State of Andhra Pradesh & Ors.
Case Number: Writ Petition No. 24721 of 2026
Judge: Justice Ninala Jayasurya and Justice T.C.D. Sekhar
Decision Date: August 31, 2026
