APHC010335872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 16930/2025 Between: 1. J C APARNA, W/O P.VISWANATHA REDDY, AGED ABOUT 25 YEARS, RESIDENT OF NALLAPUREDDYPALLE VILLAGE, VALLUR MANDAL, YSR KADAPA DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 2. CRIME INVESTIGATION DEPARTMEN TCID, REP. BY ADDITIONAL DIRECTOR GENERAL OF POLICE, AP POLICE STATE HEAD QUARTERS MANGALAGIRI, ANDHRA PRADESH, 522 503. 3. THE INVESTIGATING OFFICER CUM INSPECTOR OF POLICE, CRIME INVESTIGATION DEPARTMENT CID, REGIONAL OFFICE, KUMOOL, ANDHRA PRADESH. 4. THE STATION HOUSE OFFICER, C.K.DINNE POLICE STATION, KADAPA, ANDHRA PRADESH. ...RESPONDENT(S): Counsel for the Petitioner: 1. VMR LEGAL Counsel for the Respondent(S): 2 1. GP FOR HOME The Court made the following: 3 Order: Heard the learned counsel appearing for the petitioner and the learned Assistant Government Pleader appearing for the Home. 2. The learned counsel for the petitioner submits that the petitioner is arraigned as Accused No.3 in Crime No.378 of 2023, which was registered for the alleged offences under Sections 403, 406, 409, and 420 r/w Section 34 of IPC, and Section 5 of the Andhra Pradesh Protection of Depositors and Financial Establishments Act, 1999. It is submitted that the petitioner is the wife of Accused No.2 and was granted anticipatory bail in Crl.M.P.No.302 of 2024. It is also submitted that, having arraigned the petitioner as a co-accused, the police could not have issued a notice under Section 91 of Cr.P.C., calling upon her to furnish documents for the purpose of investigation. 3. The Inspector of Police has sought the furnishing of registered documents pertaining to M/s. Sri Vardini Enterprises Private Limited, ARHA Travels, and other documents relating to financial transactions and bank account statements, with a view to further implicate the petitioner in the case. 4. It is submitted that the police could not have issued such a notice to the petitioner and places reliance on the judgment passed by this Court in Kadiyala Simhachalam vs. State of Andhra Pradesh1, whereby the learned Single Judge of this Court allowed the writ petition and quashed the impugned notice issued under Section 91 of Cr.P.C. to the accused. This Court relied on 1 2022 SCC OnLine AP 2476 4 the judgment of the Five-Judge Bench of the Hon’ble Supreme Court in State of Gujarat vs. Shyamlal Mohanlal Choksi 2, with respect to the maintainability of a notice under Section 91 of Cr.P.C. to an accused. The said judgment of the Five-Judge Bench was also considered by the Eleven-Judge Bench of the Hon’ble Supreme Court in State of Bombay vs. Kathi Kalu Oghad3. 5. Article 20(3) of the Constitution grants the petitioner constitutional immunity from being compelled to disclose any incriminating material that may be used against him during the course of investigation. 6. The learned Standing Counsel for the CID submits that serious allegations have been made against the accused under the Andhra Pradesh Protection of Depositors and Financial Establishments Act, and that several depositors have been defrauded by the petitioner. It is further submitted that the petitioner was granted anticipatory bail and is required to comply with the conditions imposed by the Principal Sessions Judge, Kadapa, and cooperate with the investigation. 7. Recording the submissions of the learned counsel for the petitioner and the learned Standing Counsel for the CID, this Court is of the considered view that the Investigating Officer could not have issued a notice under Section 91 of Cr.P.C. to the accused, calling upon her to furnish documents which may be used against her during the course of investigation. 2 AIR 1965 SC 1251 3 AIR 1961 SC 1808 5 8. On these considerations, this Writ Petition is allowed. The impugned notice dated 30.06.2025 issued under Section 91 of Cr.P.C. is hereby quashed, leaving it open to the Investigating Officer to complete the investigation in accordance with law. It is also made clear that the petitioner shall comply with the conditions imposed by the police. No costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N 10.07.2025 PNS