IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT the honourable SRI JUSTICE HARINATH.N WRIT PETITION NO: 11304 OF 202fi AMARAVATI MQ. III? /t:, I I#"’* Between: Sunil Kumar Tripathi, S/o. Gaya Prasad Tripathi, aged about 41 Occ: Businessman and Advisor R/o. B-8 Sree Narayn Park, Opp Makarpura Bus station, Makarpura, Vadodara, Gujarat-390014 years, ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary Department, A.P. Secretariat, Velagapudi, Guntur Pradesh. 2. The Investigating Officer cum Additional Superintendent Police, (Admin), Office of Special Investigation team. (Constituted under the orders of Hon'ble Supreme Court of India) Old SVBC Tirupati, Tirupati District, Andhra Pradesh. , Home District, Andhra Building, Alipiri, ...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 any writ or direction more particularly a writ in the nature Of Writ of Mandamus declaring the action of the 2"*^ the provisions of BNSS and respondent in abusing calling the petitioner to appear before him without granting sufficient time in connection with FIR No 470 of 2024 the file of Tirupati East PS dated 25.09.2024 of Tirupathi east Police Station, as violative of Articles 14, 19 and 21 of the Constitution consequently direct the 2nd petitioner by issuing prior notice on Tirupathi District of the India and respondent to examine the providing sufficient time and the same € ZIT",! "• " •" " "•■“ record the same through audio-video electronic means. jA NO: 1 OF 2n9«; Petition under Section 151 stated in the affidavit filed i pleased to direct the 2 GPC praying that in the circumstances in support of the petition, the High Court Respondent herein to may be nd examine the petitioner by and the same maybe recorded issuing prior notice, providing sufficient time in the presence of an advocate of his choice and further record the same means in connection with FIR No PolilTt r r Police Station, Tirupathi District. Counsel for the Petitioner: Counsel for the Respondent Nos. The Court made the following: ORDER through audio-video electronic 470 of east M/s. R. DURGA LATHASRI 1 & 2: GP FOR HOME APHC010229442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY ,THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE / PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 11304/2025 Between: Sunil Kumar Tripathi, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.RDURGALATHASRI Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following: fX THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 11304/2025 ORDER: 1. The learned counsel appearing for the petitioner seeking a limited prayer to the extent of directing the respondent to issue prior notice grating sufficient time and to record his statement in the presence of his Advocate. 2. The statement of the petitioner is required to be recorded in Crime No.470 of 2024 on the file of Tirupati East Police Station and in that regard the 2""^ respondent has issued notice under Section 179 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) on 20.04.2025 the petitioner is required to appear on 21.04.2025 at 10.30AM at Special Investigation Team Office, Old SVBC Building Opp.Balaji Link Bus Stand, Alipiri, Tirupati’. 3. It is submitted that the petitioner is resident of Gujarat and requires notice in advance to appear before the 2"^ respondent and that he cannot appear in short notice of one day. It is also submitted that the petitioner is now called over phone and required to appear. The petitioner further prays that the statement be recorded in the presence of his Advocate. 4. Heard the learned counsel for the petitioner and the learned standing counsel for the 2"^^ respondent. 5. Considering the submissions, the writ petition is disposed off at the admission stage by directing the 2"^^ respondent to issue prior notice r granting sufficient time for the petitioner to appear before the summoning authority in Crime No.470 of 2024. The recording of statement of petitioner shall also be in the presence of the petitioner’s counsel on his choice. However, it is made clear that the learned counsel accompanying the petitioner shall be at a distance of 10 feet away from the place of investigation. The entire examination shall be done within the eye site of the advocate present. As long as the petitioner is summoned as a witness. There shall be a direction to the respondent(s) not to take any coercive steps against the petitioner. 6. With these observations, the writ petition is disposed off without costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR p- % //TRUE COPY// SECTION OFFICER To Principal Secretary, Home Department. State of Andhra Pradesh Secretariat. Velagapudi, Guntur District, Andhra Pradesh. Additional Superintendent Police, 1. The A.P. 2. The Investigating Officer cum (Admin), Office of Special Investigation team, (Constituted under the of Hon'ble Supreme Court of India) Old SVBC Building, Alipiri orders Tirupati, Tirupati District, Andhra Pradesh. 3. One CC to M/s. R. Durga Lathasri, Advocate [OPUC] GP for Home, High Court of Andhra Pradesh. [OUT] 4. TwoCCsto 5. Three CD Copies. ssb A HIGH COURT DATED:29/04/2025 ORDER WP.No.11304 of 2025 ^ 0 2 MIY 20?5 Gurrent Section DISPOSING OF THE W.P. WITHOUT COSTS