APHC010553582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 28603/2025 Between: 1. DEVENDRA SHARMA, , S/O KISHAN SHARMA, AGED ABOUT 42 YEARS, R/O C-427, GALL NO-8, JOHARIPUR, AMBEDKAR VIHAR, DAYALPUR, NORTH EAST, DELHI 2. VIKAS KOHLI, , S/O VIRENDER KOHLI, AGED ABOUT 33 YEARS, R/O 400/11, KHAZOORVALI GALI, SHAHABAD MARKANDA, SHAHBAD MANDAL, KURUKSHETRA, HARYANA. ...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. 2 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 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 28603 of 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: <…to issue a writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents declaring the declaring the notice dt 09.10.2025 issued under Section 179 of BNSS Act, by the officials of 2nd respondent and 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 examine the petitioners pursuant to the examination before II Additional Judicial Magistrate of First class, Tirupati and pass.…= 2. Heard Sri Sivaprasad Reddy Venati, learned counsel for the petitioners and Sri P.S.P.Suresh Kumar, learned Special Public Prosecutor for C.B.I., for the respondents. 3. Learned counsel for the petitioners would submit that the petitioners received notices from the Investigating Officer in this matter to appear as witnesses. Learned counsel for the petitioners would further submit that they may be permitted to accompany with their counsel. 4. Learned Special Public Prosecutor for C.B.I takes notice on behalf of the State and opposed the petition. Learned Special Public Prosecutor would submit that the petitioners were called by the Investigating Officer as 4 witnesses, they are not accused. They are not supposed to have presence of their counsel during the examination. 5. In reply, learned counsel for the petitioners would submit that the petitioners are coming from Delhi and they are under apprehension when they have received notices from the Investigating Officer since they were already examined by the Investigating Officer. Learned counsel for the petitioners would further submit that the petitioners may be permitted to accompany their counsel, while they attend before the Investigating Officer for giving further statement. 6. Considering the submissions, though there is no basis for such apprehension when the petitioners were called before the Investigating Officer for further examination as witnesses, but to attend their cause, since they are not residents of this State, it is apposite to dispose of the petition permitting them to have their counsel of their choice when appearing before the Investigating Officer for giving statement in this matter, subject to the condition that the said Advocate shall be at a visible distance from the place of investigation. The Advocate shall maintain decency and decorum and shall not interfere with the investigation. 7. With the above said observations, this Writ Petition is disposed of. There shall be no Order as to costs. 5 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 16.10.2025. UPS 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.28603 of 2025 Dated.16.10.2025 UPS 47