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2025 DAILYLAW 13265 (AP)

GAMMAKONDA SUDHAKAR v. THE STATE OF ANDHRA PRADESH

WP/8458/2025 · 2025-04-03

Harinath N

body2025

Judgment text

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APHC010158642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY ,THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 8458/2025 Between: Gammakonda Sudhakar ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. RAJENDRA C Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: -2- W.P.No.8458 of 2025 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.8458 OF 2025 ORDER: 1. Heard Sri Basheer Ahmed, the learned counsel appearing for the petitioner and the learned Assistant Government Pleader appearing for the Home. 2. The learned counsel for the petitioner submits that the petitioner has been issued a notice under Section 179 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in relation to Crime No.135 of 2024 of the Madanapalle I Town Police Station, Annamayya District. The learned counsel further submits that the petitioner had earlier filed W.P. No.5298 of 2025 before this Court, challenging the summoning of the petitioner in connection with the said crime, whereinthe learned Assistant Government Pleader submitted before this Court that the petitioner is required for the purpose of investigation in the said crime and that the petitioner is a potential witness. Upon recording the submissions of the learned Assistant Government Pleader, the writ petition was disposed off with a direction to the concerned respondent therein to issue the necessary notice to the petitioner for recording his statement as a witness. 3. The present writ petition has been filed alleging threats from the 4threspondent and his supporters, pressuring the petitioner to depose in accordance with the dictates of the 3rdrespondent. The learned counsel -3- W.P.No.8458 of 2025 for the petitioner seeks a direction to restrain the 4threspondent from using third-degree methods or coercive tactics against the petitioner. It is further requested that the petitioner’s statement be recorded and video-graphed in the presence of his counsel. 4. The learned Assistant Government Pleader appearing for the Home submits that the police never used third-degree methods or coercive measures against the petitioner and that no such proof is filed to at least substantiate the vague allegations. It is also submitted that there is no apprehension of such methods being deployed, as the petitioner is a potential witness. Therefore, there cannot be any threat of third-degree methods or coercive tactics on the part of the respondents. 5. Considering the submissions of the learned counsel for the petitioner and the learned Assistant Government Pleader appearing for Home, the 4threspondent is hereby directed to examine the petitioner in the presence of his counsel, and the examination shall also be video- graphed in accordance with the provisions of Section 180 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 6. With these observations, the writ petition is disposed off. No costs. 7. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ____________________ JUSTICE HARINATH.N Dt.03.04.2025 BV