■1. ► IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT the honourable SRI JUSTICE HARINATH.N WRIT PETITION NO: 12fi.‘^n hf 2025 :: AMARAVATI Between: Ajay Kumar Sugandh, S/o. Jeet Rai Sugandh Businessman, R/o. House No. Vihar S.O, North West Delhi, Delhi , aged about 52 years, Occ; 171, Harsh Vihar, Pitampura, Saraswati - 110034. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department, A.P. Secretariat, Velagapudi, Guntur District, Andhra Pradesh. , Home 2. The Investigating Officer cum Additional Superintendent Police (Admin), Office of Special Investigation team, (Constituted Hon ble Supreme Court of India) Old SVBC under the orders of Building, Alipiri, Tirupati, Tirupati District, Andhra Pradesh. ...RESPONDENTS Petition under Article 226 of the Constitution the circumstances stated i be pleased to issue of India praying that in in the affidavit filed therewith, the High Court may any writ or direction more particularly a writ in the nature of Writ of Mandamus declaring the the provisions of BNSS and calling depose to their dictations i action of the 2'"'^ respondent in abusing me to appear before him and insisting to in connection with FIR No.470 of 2024 on 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 2^^^ respondent to Tirupathi District of the India and examine me in the 4 presence of an advocate of my choice and further record the audio-video electronic means. same through • V- lA NO: 1 OF 7C)9R Petition under Section 151 CPC stated in the affidavit filed i praying that in the circumstances in support of the petition, the High Court may be pleased to direct the 2"“ Respondent herein to examine me in the presence of an advocate of his choice and further record the same through audio- video electronic means in connection with FIR No. 470 of 2024 on the file of Tirupati East PS dated 25.09.2024 of Tirupathi East Police Station, Tirupathi District. Counsel for the Petitioner: SRI M. SRI ATCHYUT Counsel for the Respondent No.1: GP FOR HOME Counsel for the Respondent No.2: SRI P.S.P. SURESH KUMAR, SPL. PUBLIC PROSECUTOR FOR CBI The Court made the following: ORDER 1 WP No.12630 of 2025 APHC010253302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY. THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 12630/2025 Between: Ajay Kumar Sugandh ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.M SRI ATCHYUT Counsel for the Respondent(S): 1.GP FOR HOME 2. P S P SURESH KUMAR, Spl. Public Prosecutor for CBI The Court made the following: 2 WP No.l2630of 2025 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.12630 OF 2025 ORDER: submissions of Sri T.Nagarjuna Reddy, the learned counsel Ms.Vakati Venkata Gnanusha, the learned counsel and the submissions of the learned 1. Heard assisted by appearing for the petitioner Standing Counsel for the 2"'^ respondent. 2. The case of the petitioner is that he was served with a notice, dated 29.04.2025, under Section 179 of Bharatiya Nagarik Suraksha Sanhita, 2023 [for short ‘the B.N.S.S.’] requiring him to appear before the Special Investigation Team Office, Old S.V.B.C. Building, 0pp. Balaji Link Bus Stand, Alipiri, Tirupati, on 04.05.2025 at 10.00 A.M., for the purpose of recording statement of the petitioner, in connection with Crime No.470 of 2024 of Tirupati East Police Station, Tirupati District. 3 The learned counsel appearing for the petitioner seeking a limited to the extent of directing the respondents to issue prior notice prayer granting sufficient time and to record his statement in the presence of his Advocate. The learned counsel further submits that the petitioner is a resident of Delhi and requires notice in advance to appear before the 2"^^ respondent and that he cannot appear in short notice. It is submitted that the petitioner is now called over phone and is required to appear, that the statement be recorded in the The petitioner further prays presence of his Advocate. 3 WP No.12630 of 2025 respondent submits that there would be difficulty in posing questions to the petitioner in the presence of an Advocate. 4. The learned standing counsel appearing for the 2 nd 5. Considering the submissions, this Court is inclined to dispose of the writ petition at the admission stage by directing the 2 prior notice granting sufficient time for the petitioner to nd respondent to issue appear before the summoning authority in Crime No.470 of 2024 and further directed that the statement of the petitioner shall also be recorded 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 sight of the Advocate present. As long as the petitioner is summoned as a witness, there shall be a direction to the respondents not to take petitioner. With these observations, the writ petition is disposed off without costs. Miscellaneous petitions pending, if any, in the writ petition shall stand closed. any coercive steps against the 6. 7. SR'NIVAS ■ assistant registrar t //TRUE COPY// SE OFFICER To, 1. The Principal Secretary, Home Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Guntur District, Andhra 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 Building,Alipiri, Tirupati, Tirupati District, Andhra Pradesh. 3. One CC to Sri M. Sri Atchyut, Advocate [OPUC] 4. One CC to Sri P.S.P.Suresh Kumar, Spl. Public Prosecutor for CBI[OPUC] 5. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 6. Three CD Copies. ssb HIGH COURT DATED:09/05/2025 ORDER WP.No.12630 of 2025 disposing of the W.P. WITHOUT COSTS