. 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: 13018 OF 2025 Between: Ravinder Sharma, S/o. Mahinder Sharma, Aged 63 years, Occ: Unemployed, R/o:- 591, Sector II, Phase 2, Defence Colony, Ambala Cantt, Kalarheri, Ambala District, Haryana -133001. ...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, 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 or direction more particularly a writ in the nature of Writ of Mandamus declaring the action of the Respondent No. 2 in abusing the provisions of BNSS and calling me to appear before him at Tirupati 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 violative of Articles 14, 19 and 21 of the Constitution of the India and consequently direct the Respondent No. 2 to examine as me near my residence and the same maybe recorded in the presence of an advocate of my choice by giving a notice well-advanced and further record the through audio-video electronic same means as per section 180 of BNSS. lA NO: 1 OF 2n?fi 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 pleased to direct the Respondent No.2 to examine me and record the same in the presence of an advocate of my choice and not to take any coercive the examination steps against me during the examination and further record in connection with FIR 470 of 2024 dated 25-09-2024 through audio-video electronicmeans. Counsel for the Petitioner: SRI VAKATI VENKATA GNANUSHA 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.13018 of 2025 Cv APHC010260522025 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: 13018/2025 Between: ...PETITIONER Ravinder Sharma AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1. VAKATI VENKATA GNANUSHA Counsel for the Respondent(S): 1.GP FOR HOME 2. P S P SURESH KUMAR, Spl. Public Prosecutor for OBI The Court made the following: 2 WP No.l3018of 2025 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.13018 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 24.04.2025, 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 Haryana and requires notice in advance to appear before the 2 respondent and that he cannot appear in short notice of two days. 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.13018 of 202, appearing for the 2^^ respondent submits ' in posing questions to the petitioner in the 4. The learned standing counsel that there would be difficulty presence of an Advocate. 5. Considering the submissions, petition at the admission stage by directing prior notice granting sufficient time for the this Court is inclined to dispose of the the 2 writ nd respondent to issue petitioner to appear before the summoning authority in Crime No.470 of 2024 and further that the statement of the directed petitioner shall also be recorded in the on his choice. However, it is made accompanying the petitioner shall be at a presence of the petitioner’s counsel clear that the learned counsel distance of 10 feet away from the place of investigation. The entire examination shall be done within the eye sight of the Advocate present. IS summoned as a witness, there shall be a not to take any coercive steps against the As long as the petitioner i direction'tiT fh§"?e%»oqdents petitioner. Withjhese observations, the Miscellaneourpetitions pending closed. 6. writ petition is disposed off without If any, in the writ petition shall costs. 7. stand Sd/- M SRINIVAS ASSISTANT REGI RAR //TRUE COPY// SE ON OFFICER To, 1. The Principal Secretary, Home Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Guntur District, Andhra Pradesh. 2. The Investigating Officer, 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 M/s. Vakati Venkata Gnanusha, 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.13018 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS