fS A IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) - FRIDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 12631 OF 2025 Between: Mahesh Kumar Rohira, S/o. Mohan Das Rohira, aged about 47 years, Occ Businessman R/o. B-324, 3rd Floor, Lok Vihar, Pitampura, North West Delhi, Delhi - 110034. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, 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 ...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 direction more particularly a writ in the nature of Writ of Mandamus declaring the action of the 2 nd respondent in abusing the provisions of BNSS and calling me to appear before him and insisting to depose to their dictations 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 as violative of Articles 14, 19 and 21 of the Constitution the India and consequently direct the 2 of nd respondent to examine me in the 4 presence of an advocate of my choice and further record audio-video electronic means. the same through lA NO: 1 OF 2Q2fi Petition under Section 151 CPC stated in the affidavit filed i praying that in the circumstances m support of the petition, the High Court may be examine me in the presence pleased to direct the 2'^'^ Respondent herein to 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 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 Station, Tirupathi KUMAR, SPL. PUBLIC PROSECUTOR FOR CBI The Court made the following: ORDER 1 4 WP No.12631 of 2025 V' APHC010253832025 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: 12631/2025 Between: Mahesh Kumar Rohira, ...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.GPFOR HOME 2. P S P SURESH KUMAR, Spl. Public Prosecutor for OBI The Court made the following: 2 WP No.l2631of2025 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.12631 OF 2025 ORDER: 1. Heard submissions of Sri T.Nagarjuna Reddy, the learned counsel assisted by Ms.Vakati Venkata Gnanusha, the learned counsel appearing for the petitioner and the submissions of the learned 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 26.04.2025 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 prayer to the extent of directing the respondents to issue prior notice 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. The petitioner further prays that the statement be recorded in the presence of his Advocate. , 3 WP No.12631 of 2025 4. The learned standing counsel appearing for the 2""* respondent submits that there would be difficulty in posing questions to the petitioner in the presence of an Advocate. Considering the submissions, this Court is inclined to dispose of the writ petition at thte admission stage by directing the 2 prior notice granting sufficient time for the petitioner to 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 any coercive steps against the petitioner. With these observations, the writ petition is disposed off without costs. MiscellaneoLjs petitions pending, if any, in the writ petition shall stand closed. 5. nd respondent to issue 6. 7. AS«5l<5T/fK'?t‘ SRINivas ass/stant^regist^ officer The Principal Secretary, Home Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Guntur District, Andhra 2. The Investigating Officer cum Additional Superintendent Police (Admin), Office of Special Investigation team (Constituted under the 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] //TRUE COPY// SEC To, 1. Pradesh. orders of 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.12631 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS