IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 11620 OF 2Q2fi Between: MD. ALIYAS BEGUM, W/o. Shaik Shajahan, Aged about 54 Government Employee, R/o. Peddapadugupadu VTG: Padugupadu, P.O. District years, Occ: Mosque Street, Kovur, SPSR Nellore H.No.3-206-1, ...PETITIONER AND 1. The State of Andhra Pradesh Rep. by its Principal Secretary Department A.P. Secretariat, Velagapudi, Amaravati, Guntur Home District. 2. The Crime Investigation Department (CID), Rep. Additional Director General of Police, A.P. Police State Head Quarters, Mangalagiri Andhra Pradesh 522503. 3. The Special Investigation I'qam, Rep. by Commissioner Vijayawada, Vijayawada, NTR (Krishna) District Andhra Pradesh. 4. The Investigation officer-Cum-Additional Special Investigation Team (SIT) 11 Floor, Office of Police, Vijayawada, Vijayawada, NTR (Krishna) Pradesh. of Police, Superintendent of Police of the Commissioner District, Andhra ...RESPONDENTS India is filed Petition under Article 226 6^ the Constitution of that in the circumstances stated praying in the affidavit filed therewith, the High Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed there\A/ith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of a Writ of Mandamus declaring the action of the Respondents, more particularly Respondent No.2 to 4 in issuing notices to Petitioner herein in connection with to Crime No 2'l^f 2024 dated 23.09.2024 of CID P.S., thereby calling her to appear before the office of Respondent No.3 and threatening her with dire consequences to her and her other family members, though the petitioner has not involved in any criminal case as highly illegal, arbitrary, unjust, contrary to the provisions of BNSS and violative of the fundamental right guaranteed to the petitioners under Article 14, 19, 21, 300A of the Constitution of India and contrary to the police Standing Orders and consequently direct the Respondent No 2 to 4 not to call the petitioner and her other family leilibers to the Police Station (SIT) and not to interfere in the personal life and liberty of the petitioner and her other family members and to pass such other order or orders as this Hon'ble Coyrt^may deems fit just and proper in the circumstances of the case. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.2 to 4 not to call the petitioner and her other family members to the Police Station (SIT) and not to interfere in the personal life and liberty of the petitioner and her other family members forthwith. Counsel for the Petitioner(s):SRI. ROSEDAR S.R.A ^ Counsel for the Respondents: GP FOR HOME Counsel for the Respondents: SRI LAKSHMAN, SC FOR CID The Court made the following: 1 HN, J Wp.No.ll620_2025 APHC010225392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0*0m 71* [3457] 0SSii THURSDAY ,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 11620/2025 Between: Md Aliyas Begum ...PETITIONER AND The State Of Andhra Pradesh ...RESPONDENT Counsel for the Petitioner: 1.ROSEDAR S.R.A Counsel for the Respondent: 1.GP FOR HOME 2 HN, J * ' Wp.No.ll620_2025 The Court made the following Order: 1. The learned counsel for the petitioner submits that the petitioner is required to attend as a witness in Crime No.21 of 2024, on the file of the 3'^^ respondent. 2. It is submitted that the petitioner is the mother of one Sk. Saif Ahamed. It is further submitted that Sk. Saif Ahamed is the son of the petitioner, born out of her marriage with her first husband. Thereafter, following the demise of her first husband, the petitioner remarried and is now living separately with her second husband. She is currently now working as a Senior Assistant in the Irrigation Department. 3. It is submitted that though the petitioner was issued summons for appearance as a witness, the officers of the 3^^ respondent have been threatening to implicate her in the case is she fails to produce her son, Sk. Saif Ahamed, who is presently residing in Dubai. 4. It is submitted that the petitioner has informed her son about the / pendency of this issue, and her son has reverted, stating that he has no connection with the case and is currently awaiting approval from his employer. \ ^ / as he is in Dubai on visa and his passport is retained by the employer. 5. Heard the leaned Assistant Government Pleader. 6. Considering the submissions, this Court, while considering with a similar issue in W.P.No.8586 of 2025, directed the 2^^ respondent therein and the 3 rd respondent herein to issue a proper notice to the petitioner indicating the date 3 HN, J Wp.No.11620 _2025 and time of her examination at her residence, in accordance with Section 179 of BNSS. The petitioner shall also be permitted to be examined in the presence of her counsel. The respondent is further directed to conduct the examination from 11:00 Am to 1:00 PM with a lunch break, and thereafter from 2:00 PM to 5:00 PM, on the date as notified in the notice issued to the petitioners. As the petitioner is summoned only as a witness under the BNSS shall be taken against the petitioner during the examination. It is made clear that the examination will be conducted in the presence of the petitioner’s counsel; however, the counsel shall maintain an appropriate distance from the place of the enquiry. 9. With these observations, the writ petition is disposed off. There shall be no order as to costs. 7. no coercive steps 8. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/-M PRABHAKAR RAO assistantjj^gistrar //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Home Department A.P. Secretariat, Velagapudi, Amaravati Messenger] 2. The Additional Director Department (CID), A.P. Police Andhra Pradesh 522503. 3. The Commissioner of Police, Special Investigation Team, Vijayawada Vijayawada, NTR (Krishna) District Andhra Pradesh. State of Andhra Pradesh Guntur District.[By Special General of Police Crime Investigation State Head Quarters, Mangalagiri, 4. The Investigation officer-Cum-Additional Superintendent of Police Special Investigation Team (SIT) 11 Floor, Office of the Commissioner of Police, Vijayawada, Vijayawada, NTR (Krishna) District, Andhra Pradesh. [2 TO 4 BY RPAD] 5. One CC to SRI ROSEDAR S.R.A Advocate [OPUC] 6. One CC to SRI LAKSHMAN, SC FOR CID [OPUC] 7. Two CCs to GP FOR HOME, High Court of Andhra Pradesh [OUT] 8. Three CD Copies HIGH COURT DATED:01/05/2025 ORDER WP.No.11620 of 2025 THE WRIT PETITION IS DISPOSED OFF WITHOUT COSTS