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APHC010565902025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3996] THURSDAY, THE TWENTY THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 29290/2025 Between:
DEVANSH INFRA, PROPRIETOR, MUNUKURI VEERA REDDY, S/O.
SRINIVASA REDDY, AGE 33 YEARS, GIRIJAVOLUGUNTAPALEM VILLAGE, PEDANANDIPADU MANDAL, GUNTUR DISTRICT.
...PETITIONER AND
1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT,SECRETARIAT, VELAGAPUDI,GUNTURDISTRICT.
2. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH,MANGALAGIRI, GUNTUR DISTRICT.
3. THE SUPERINTENDENT OF POLICE, GUNTUR URBAN, GUNTUR DISTRICT.
4. THE SUBINSPECTOR OF POLICE, ARUNDELPET PS, GUNTUR DISTRICT.
...RESPONDENT(S): Counsel for the Petitioner:
1. RAM BABU DEVARAPU Counsel for the Respondent(S):
1. GP FOR HOME The Court made the following:
ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“.... a Writ of Mandamus declaring the notice dated 21.10.2025 issued under Section 94 BNSS in connection with Crime No. 264 of 2025 registered at Arundelpet Police Station, Guntur Urban District, as illegal, arbitrary, without jurisdiction, and in violation of Article 20(3) of the Constitution of India, and consequently quash the said notice and also direct the Respondent not to take coercive steps against the Petitioner.”
2. Heard Sri Devarapu Rambabu, learned counsel for the Petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home.
3.
Learned counsel for the Petitioner would submit that the Petitioner received a notice under Section 94 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short
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‘BNSS’) to appear before the Investigating Officer on 24.10.2025 at 10.00 a.m., in connection with Crime No.264 of 2025 of Arundelpet Police Station, Guntur District to give statement as a witness regarding Document No.6606 of 2024 of SRO, Koritipadu.
4. Learned Assistant Government Pleader for Home would submit that the Petitioner is not shown as an Accused in the Crime No.264 of 2025 of Arundelpet Police Station, Guntur District and he is only a witness in the said crime.
5.
Learned counsel for the Petitioner, in reply, would submit that the Petitioner may be permitted to accompany his counsel while attending before the Police.
6. Learned Assistant Government Pleader for Home would further submit that the Court may pass appropriate orders.
7. Considering the submissions made, the Writ Petition is disposed of. However, the Petitioner is directed to attend before the Investigating Officer in connection with Crime No.264 of 2025 of Arundelpet Police Station, Guntur District, accompanied by his counsel, and cooperate with the investigation. The Advocate for the Petitioner shall be at a distance which is visible to the Petitioner from the place of investigation. The Advocate shall maintain decency and decorum and shall not interfere with the investigation.
As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:23.10.2025 Note: Issue C.C today B/o. Dinesh
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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.29290 of 2025
Dt.23.10.2025
Dinesh