APHC010141192021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 11030/2021 Between: 1. LINGAREDDY GUNAPANENI, S/O SUBBAREDDY ,AGE 42YRS,OCC.SOFTWARE PROFESSIONAL,R/OLONG ISLAND,NEWYORK,USA,REP BY HIS C5WN BROTHER AS POA NAGARJUNA REDDY S/O SUBBA REDDY ,AGE.35YRSROCC.BUSINESS,R/O1- 115/1,KONIJEDU (V),TANGUTUR(M),PRAKASAM DIST. ...PETITIONER AND 1. THE DIRECTOR, CENTRAL BUREAU OF INVESTIGATION,CBI HEAD OFFICE,PLOT NO 5-B, CGO COMPLEX,LODHI ROAD, NEW DELHI- 110003. 2. THE DY SUPDT OF POLICE, CBI/ACB,D.NO,1-83-21/4,MVP COLONY,SEC-8,VISAKAPATNAM-530017 ...RESPONDENT(S): 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 topleased to issue an appropriate Writ Order or direction more particularly. one in the nature of Writ of Mandamus declaring the action of the respondent No 2nd in issuing the impugned notice U/s 41-A of Cr.P.0 vide RC.15(S)2020- CBI/ACB/Visakhapatnam dated 16.03.2021 for the alleged offences punishable U/s 153a,504,505IPCandSec 67 of IT Act to present before him on 24.03.2021is illegal ,arbitrary and against to the Art.14,16,19,and 21 of the Constitution of India in pandemic Carona -19 2 Second wave without recording the petitioner statement through virtual mode and insisting to present physically in person on 24.03.2021 from USA and to pass IA NO: 1 OF 2021 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 pleased to allow the petitioner to appear before the 2nd respondent virtually to record statement U/s 41-A of. Cr.P.0 as per the guideline issued to trail courts Under Circular of Hon'ble High Court ROC.No.705i2016-CPC dated 23.06.2017 pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. PONAKA RAHUL REDDY Counsel for the Respondent(S): 1. M.SRAVAN KUMAR,Spl.PUBLIC PROSECUTOR FOR C.B.I. The Court made the following: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 11030/2021 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.2 in issuing the impugned notice U/s. 41-A of Cr.P.C vide RC.15(S)2020-CBI/ACB/Visakhapatnam dated 16.03.2021 for the alleged offences punishable U/s 153a, 504, 505 IPC & Sec 67 of IT Act to present before him on 24.03.2021 is illegal, arbitrary and against to the Art 14, 16, 19 and 21 of the Constitution of India in pandemic Carona-19 Second wave without recording the petitioner statement through virtual mode and insisting to present physically in person on 24.03.2021 from USA…” 2. Heard Sri P.Rahul Reddy, learned counsel for the petitioner and Sri M.Sravan Kumar, learned Special Public Prosecutor for CBI. 3. Learned Special Public Prosecutor for CBI would submit that the investigation in this matter is completed, the petitioner has obtained bail and the matter is coming up for trial before the trial Court. 4. Recording the same, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 22.09.2025 JLV 4 147 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.11030 of 2021 Dated: 22.09.2025 JLV