APHC 010462232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT Thit HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23850 OF 2025 Between: 1. Bommu Anil Kumar Reddy, S/o Ramakrishna Reddy, aged 32 years, Occ Assistant Film Director, R/o 2/23, KodurVilalgeYeraguntalaMa ndal Kodur, Kadapa District. 2. Vanga Anil, S/o Chandra Kanth, Aged 51 years, occ; Assistant Film Director R/o C/o RGV Office, Opp Jubilee Hills Pblic School Plot No 43, NavNirman Nagar, Film Nagar, Hyderabad. 3. kamadugu Giri Krishna Kama!, S/o. Ramadugu Nagaraja, Aged 48 years, Occ assistant film Director, R/o. Plot No. 191/303, Kalyan Nagar -3, Shivaskalyani Residency, Kalyan Nagar-3, Hyderabad, Rangareddy District, 4. KondamadugulaGiridhar Reddy, S/o. Sivaprasad Reddy, Aged about ^9 years, Occ: Business, R/o. 2-87, Valiveru, Valiveru, Guntur, Andhra Pradesh - 522211 ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Home Department, Secretariat, Amaravathi. 2. The Station House Officer, Ongole Rural Circle, Ongole, 3. The Station House Officer, Maddipadu P.S., Prakasham District. ...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 order or direction more particularly one in the nature of Writ of Mandamus declaring the notice dt 18-8-2025 bearing Notice No 102/2025 issued under Section 179 of BNSS Act, by the 2'^^ respondent in denying the presence of the counsel for the petitioners at the time of investigation as illegal, arbitrary and unconstitutional and consequently direct the respondent No 2 to permit the petitioners to accompany with their counsel at the time of investigation pursuant to the notice dt 18-8-2025 bearing Notice No. 102/2025 under Sectionl79 of BNSS Act, issued by the 2^^^ respondent. 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 issue Interim directions to the respondent No. 2 permit the petitioners to accompany with their counsel at the time of investigation pursuant to the notice dt 18-8-2025 bearing Notice No 102/2025 under Section 179 of BNSS Act, issued by the 2"^^ respondent pending disposal of the writ petition. Counsel for the Petitioners: SRI RAJAGOPALLAVAN TAYI Counsel for the Respondent Nos.1 to 3: GP FOR HOME The Court made the following order: APHC010462232025 P IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I WRIT PETITION NO: 23850/2025 Between; 1.BOMMU ANIL KUMAR REDDY, S/0 RAMAKRISHNA REDDY, AGED YEARS,OCC ASSISTANT FILM DIRECTOR, R/0 2/23, KODURVILALGEYERAGUNTALAMANDAL KODUR, KADAPA District. 2.\1KnGA anil, S/O CHANDRA KANTH AGED 51 YEARS OCC SSISTANT FILM DIRECTOR R/0 C/0 RGV OFFICE, OPP JUBILEE ILLS PBLIC SCHOOL PLOT NO 43, NAVNIRMAN NAGAR, FILM NAGAR, HYDERABAD. 3.RAMADUGU GIRI KRISHNA KAMAL,, S/O. RAMADUGUNAGARAJA, AGED 48 YEARS, OCC ASSISTANT FILM DIRECTOR, R/0. PLOT NO. 191/303, KALYAN NAGAR - 3, SHIVASKALYANI RESIDENCY, KALYAN NAGAR-3, HYDERABAD, RANGAREDDY DISTRICT, 4.kONDAMADUGULAGIRIDHAR REDDY,, S/0.,SIVAPRASAD REDDY, AGED ABOUT 29 YEARS, OCC BUSINESS, R/0. 2-87, VALIVERU, VALIVERU, GUNTUR, ANDHRA PRADESH - 522211 a ...PETITIONER{S) AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT,AMARAVATHI. 2.THE STATION HOUSE OFFICER, ONGOLE RURAL CIRCLE, ONGOLE, 2 3.THE STATION HOUSE OFFICER, MADDIPADU P.S. PRAKASHAM DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner{S); 1.RAJAGOPALLAVAN TAYI Counsel for the Respondent(S): 1.GP FOR HOME 3 ^ THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA i WRIT PETITION NO: 23850 of 2025 ORDER: /f-' This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “...pleased to issue any writ order or direction more particularly one in the nature of Writ of Mandamus declaring the hotice dt 18-8-2025 bearing Notice No. 102/2025 issued under ^ectionl79 of BNSS Act, by the 2'^^ respondent in denying the oresence of the counsel for the petitioners at the time of mvestigation as illegal, arbitrary and unconstitutional and Consequently direct the respondent No 2 to permit the oetitioners to accompany with their counsel at the time of investigation pursuant to the notice dt 18-8- 2025bearing Notice Wo 102/2025 under SectioniJQ of BNSS Act, issued by the 2nd i^pspondent and be pleased to pass such....” [fleard Sri Rajagopallavan Tayi, learned counsel for the petitioners and Sri V.Farooq, learned Assistant Government Pleader for Home for the 2. respondents. 3. Learned Assistant Government Pleader for Home, on written instructions, would submit that, a criminal case has been registered, wherein, the Petitioners have not been shown as Accused and investigation is going on. Learned Assistant Government Pleader would further submit that for the purpose of enquiry, the Petitioner was called to the Police Station. 4. Learned counsel for the Petitioners would submit that the Court may pass appropriate orders. Considering the submissions made, the Writ Petition is allowed. 5. However, Police are directed to follow due process of law. Petitioners shall 4 cooperate with the investigation. Police are further directed to examine the Petitioners in the presence of an Advocate of their choice, subject to the condition that the said Advocate shall be at a distance of minimum 15 feet away from the place of investigation. The Advocate shall maintain decency and decorum and shall not interfere with the investigation. There shall be order as to costs. no As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- M. SRINIV.^S ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Home Department, State of Andhra Pradesh Secretariat, Amaravathi. 2. The Station House Officer, Ongole Rural circle, Ongole, 3. The Station House Officer, Maddipadu P S. Prakasham District. 4. One CC to Sri Rajagopallavan Tayi, Advocate [OPUC] 5. TwoCCsto GP for Home, High Court of Andhra Pradesh [OUT] 6. Two CD Copies. ssb ? HIGH COURT DATED:09/09/2025 ORDER WP No. 23850 OF 2025 g 22 SEP 2025 | $1/ ^ Current Section ^ ^ £^spatc\}^ ALLOWING THE W.P. WITHOUT COSTS