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2025 DAILYLAW 20120 (AP)

Chittuluru Seeshaphani, v. The State of Andhra Pradesh

WP/14244/2025 · 2025-06-16

Harinath N

body2025

Judgment text

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APHC010282312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 14244/2025 Between: Chittuluru Seeshaphani, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. P M MITHILESHWARA REDDY Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 14244 OF 2025 ORDER : 1. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the State. 2. The learned counsel for the petitioner submits that the 3rd respondent required the petitioner to appear as a witness in Crime No.31 of 2025 on the file of Nandyal III Town Police Station. The police have issued notice under Section 94 of BNSS and called upon the petitioner to submit certain details. It is submitted that the petitioner could not appear on 29.05.2025 as he was unwell. It is also submitted that the petitioner is aged about 74 years and that his health is not cooperating. It is submitted that the petitioner is a senior citizen and in accordance with provisions of Section 179 of BNSS, the petitioner can be examined as witness at the residence of the petitioner in presence of his counsel. 3. This Court considered the similar matters of senior citizens in WP.No.1399 of 2025. There shall be direction to the 3rd respondent to examine the petitioner at his residence in accordance with Section 179 of BNSS. The petitioner shall also be permitted to be examined in presence of his counsel. It is made that the learned counsel accompanying the petition shall maintain a reasonable distance from the place of examination. 4. The investigating officer is further directed to conduct examination from 11.00AM to 01.00PM with a lunch break and thereafter from 03.00PM to 05.00PM. The investigating officer shall issue adequate notice to the petitioner when the proposed enquiry is being conducted. As the petitioner is summoned as witness, no coercive steps to be taken against the petitioner during his examination. 5. With these observations, the writ petition is disposed off without costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N KGM 176 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.14244 OF 2025 Dated 17.06.2025 KGM