APHC010550442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 29051/2025 Between: 1. VIPIN JAIN, C/O HEMA CHAND JAIN AGED ABOUT 45 YEARS, R/O 28 JAIN NIWAS, MILAN VIHAR, GMS ROAD, DEHRADUN, UTTARAKHAND STATE. 2. POMIL JAIN, C/O HEMCHAND JAIN, AGED ABOUT 47 YEARS, R/O 4/6, SANTOSH VILLA DRON PURI, GMS ROAD, NIRANJANPUR, DEHRADUN, UTTRAKHAND STATE. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY, HOME DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE SPECIAL INVESTIGATION TEAM, SIT OFFICE. OLD SCBC BUILDING, OPP. BALAJI LINK BUS STAND, ALIPIRI, TIRUPATHI. 3. THE DIRECTOR GENERAL OF POLICE, DGP OFFICE, MANGALAGIRI, GUNTUR DISTRICT. 4. THE DIRECTOR, CENTRAL BUREAU OF INVESTIGATION, 15-B, CGO COMPLEX, LODHI ROAD. NEW DELHI - 110003. 5. THE SUPERINTENDENT OF POLICE, TIRUPATHI, TIRUPATHI DISTRICT. 6. THE ADDITIONAL SUPERINTENDENT OF POLICE ADMIN, SPECIAL INVESTIGATION TEAM, TIRUPATHI. 7. THE STATION HOUSE OFFICER, EAST PS, TIRUPATHI. 8. J VENKAT RAO, OCC. INVESTIGATION OFFICER, SPECIAL INVESTIGATION TEAM, OLD SVBC BUILDING ALIPIR, TIRUPATI - 517501. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. SIVAPRASAD REDDY VENATI Counsel for the Respondent(S): 1. GP FOR HOME 2 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 dt.15.10.2025 issued by the officials of 2nd respondent and in denying the presence of the counsel for the petitioners at the time of investigation illegal, arbitrary and unconstitutional and consequently direct the respondent No.2 to permit the petitioners to be accompanied by their counsel during the course of investigation and to ensure that the entire process of such investigation is video recorded, pursuant to the notice dated 15.10.2025.” 2. Heard Sri S.Sriram, learned Senior Counsel assisted by Sri Sivaprasad Reddy Venati, learned counsel for the Petitioners and Sri P.S.P.Suresh Kumar, learned Special Public Prosecutor for C.B.I. 3. Learned Senior Counsel would submit that the Petitioners herein are the Accused Nos.3 and 4 respectively in Crime No.470 of 2024 of Tirupati East Police Station. Learned Senior Counsel would further submit that, both the Petitioners were enlarged on bail by a Coordinate Bench of this Court vide Order dated 03.07.2025 in Crl.P.No.4187 of 2025 and batch. It is further submitted that, after completion of investigation in the subject crime, charge sheet has also been filed before the Court of Special Judge for SPE and ACB Cases-cum-II Additional District and Sessions Judge, Nellore. It is further submitted that, the Special Investigation Team in connection with the said crime had issued notices dated 15.10.2025 to the Petitioners to appear before Respondent No.2 on 18.10.2025. Learned Senior Counsel would submit that the Petitioners may be permitted to 3 appear before Respondent No.2 along with their Advocate, who sits at a visible distance to them. 4. Learned Special Public Prosecutor for CBI would submit that the Petitioners herein are Accused Nos.3 and 4 in the said crime. It is further submitted that the Petitioners may be directed to comply with the directions given in the impugned notice. 5. Considering the submissions made, the Writ Petition is disposed of. Petitioners are directed to attend before Respondent No.2 and cooperate with the investigation in connection with Crime No.470 of 2024 of Tirupati East Police Station. Police are directed to examine the Petitioners in the presence of their Advocate, subject to the condition that the said Advocate shall be at a distance which is visible to the Petitioners 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:17.10.2025 Dinesh 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.29051 of 2025 Dt.17.10.2025 Dinesh