APHC010316902025 |N THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWENTY SIXTH DAY OF JUN^I TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15783 OF 2025 Between: Lakshmi Tejaswini Chandrapati,, W/o. Pradyumna Chandrapati, Aged about 38 years, Residing at Plot No.35, Road No.2 Khajaguda X Road, K.A.Rangareddy District, Telangana - 500 104 Prashanthi Hills Colony, Raidurgam, Chitrapuri Colony, Serlingarnpally, ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Home Department, AP Secretariat, Velagapudi, Amaravati, Guntur District 2. The Special Investigation Team, Rep by Commissioner of Police Vijayawada, Vijayawada, NTR Krishna District, Andhra Pradesh. 3. The Investigating Officer cum Additional Superintendent of Police, Special Investigation Team SIT, 2nd Floor Office of Commissioner of Vijayawada, NTR Krishna District, Andhra Pradesh. Police, 4. The Assistant Investigating Officer, Special Investigation Team SIT, 2nd Floor Office of Commissioner of Police, Vijayawada, NTR Krishna District, Andhra Pradesh. 5. Crime Investigation Department CID, Rep. By Additional Director General of Police, AP Police State Head Quarters Mangalagiri, Andhra Pradesh, 522 503. ...RESPONDENT(S): 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 a writ more particularly in the form of Writ of mandamus to call for the Notice dated 24.06.2025 issued by the 4th respondent directing her to appear before the 2nd respondent office on 27.06.2025 at Vijayawada in connection with FIR No. 21 of 2024 on the file of CID PS, Mangalagiri, Andhra Pradesh and to quash the same for it being per se illegal, manifestly arbitrary, besides being contrary the provisions of the Bharatiya Nagarik Suraksha Sanhita 2023 and the very spirit and object of Justice and Fair-play and Fundamental Rights guaranteed under Article 20 and 21 of the Constitution of India lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay the operation of the Notice dated 24.06.2025 issued by the 4th respondent directing her to appear before the 2nd respondent office on 27.06.2025 at Vijayawada in connection with FIR No. 21 of 2024 on the file of CID PS Mangalagiri, Andhra Pradesh, pending disposal of the writ petition Counsel for the Petitioner : VMR LEGAL Counsel for the Respondent (S) No.1 : GP FOR HOME Counsel for the Respondent Nos.2 to 5 : PUBLIC PROSECUTOR The Court made the following ORDER : tv" APHC010316902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY ,THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15783/2025 Between: Lakshmi Tejaswini Chandrapati, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.VMR LEGAL Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following: THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15783 OF 2025 ORDER: 1. The learned counsel for the petitioner submits that the petitioner has been residing at Hyderabad and she has been issued under Section 179 of BNSS on 24.06.2025 and are required for the purpose of investigation in Crime No.21 of 2024 on the file of the C.I.D. Police Station, Mangalagiri, for the alleged offences under Sections 409, 420, and 120(B) read with 34 & 37 I PC, Section 7, 7A, 8, 13(1), (b), 13(2) of Prevention of Corruption Act 1988 calling the petitioner to appear before the under signed i.e.. Assistant Investigating Officer, SIT, Andhra Pradesh. 2. The learned counsel for the petitioner further submits that the Section 179 of BNSS mandates as follows ; summons upon Section 179. Police officer's power to require attendance of witnesses. iDAny police officer making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so requirediProvided that no male person under the age of fifteen years or above the age of sixty years woman or a mentally or physically disabled person person with acute illness shall be required to attend at any place other than the place in which such person resides: Provided further that if such person is willing to attend at the police station, such person may be permitted so to do. (2)The State Government may, by rules made in this behalf, provide for the payment by the police officer of the reasonable expenses of every person, attending under sub section (1) at any place other than his residence. or any adjoining station who, from the information or a or a r 3. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the State and learned standing counsel for the respondent Nos.2 to 5. 4. Considering the submissions, the respondents 3 and 4 shall follow the procedure as contemplated under Section 179 of BNSS. This Court, considering the sensitivity of the case, hereby directs the respondents to follow the directions as under; The 3’''' respondent is hereby directed to issue a 1. proper and adequate notice to the petitioner, indicating the date and time for her examination at her residence in accordance with Section 179 of BNSS. The petitioner shall also be permitted to be examined in the presence of her counsel. 2. The 3'"'^ respondent is further directed to conduct the examination from 11:00 am to 1:00 pm with a lunch break, and thereafter from 2:00 pm to 5:00 pm on the day as notified in the notice issued to the petitioner. 5. As the petitioner is summoned as witness under BNSS, no coercive steps to be taken against the petitioner during her examination. 6. It is made clear that the examination will be conducted in the presence of the petitioner’s counsel; however, the learned counsel shall maintain a reasonable distance from the place of enquiry. A 7. With the above observations, the present writ petition is disposed off at the admission stage. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- K.KASI RAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// f ^ SECTION OFFICER To, 1. The Principal Secretary State of Andhra Pradesh, Home Department, AP Secretariat, Veiagapudi, Amaravati, Guntur District 2. The Special Investigation Team, Rep by Commissioner of Police Vijayawada, Vijayawada, NTR Krishna District, Andhra Pradesh. 3. The Investigating Officer cum Additional Superintendent of Police, Special Investigation Team SIT, 2nd Floor Office of Commissioner of Vijayawada, NTR Krishna District, Andhra Pradesh. 4. The Assistant Investigating Officer, Special Investigation Team SIT, 2nd Floor Office of Commissioner of Police, Vijayawada, NTR Krishna District, Andhra Pradesh. 5. Crime Investigation Department CID, Rep. By Additional Director General of Police, AP Police State Head Quarters Mangalagiri, Andhra Pradesh, 522 503. 6. One CC to SRI. VMR LEGAL Advocate [OPUC] 7. Two CCs to GP FOR HOME Advocate [OPUC] 8. Two CCs to the Public Prosecutor High Court of Andhra Pradesh at Amaravathi [OUT] 9. THREE CD COPIES TAC Police HIGH COURT DATED : 26/06/2025 ORDER WP N0.15783 OF 2025 anqtt:^ ^ 3 0 JUN 2025 IS Co DISPOSING THE WP WITHOUT COSTS