APHC010685792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 35182/2025 Between: 1. KAKUMANU PURNACHANDRAO, S/O. RAMAKOTAIAH, AGED ABOUT 76 YEARS, R/O. SRIKRISHNA PHARMASUTICALS, CHALLARAJU STREET, I TOWN, VIJAYAWADA. ANDHRA PRADESH 520001. 2. KAKUMANU ADILAKSHMI, ,W/O. KVK MOHANA RAO, AGED 53 YEARS, OCC. BUSINESS, R/O. DOOR NO.9-6-244, PLOT NO 103, DRAIN STREET, ISLAMPET, VIJAYAWADA RURAL, NTR DISTRICT, ANDHRA PRADESH 520001. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, REP BY ITS PRINCIPAL SECRETARY, 522237. 2. THE DIRECTOR GENERAL OF POLICE, STATE OF ANDHRA PRADESH, VADDESWARAM, MANGALAGIRI, GUNTUR DISTRICT, 522302. 3. THE ASSISTANT COMMISSIONER OF POLICE, VIJAYAWADA COMMISSIONERATE, I TOWN POLICE STATION, VIJAYAWADA, NTR DISTRICT, 520001. 4. THE CIRCLE INSPECTOR OF POLICE, I TOWN POLICE STATION, VIJAYAWADA, NTR DISTRICT, 520001. 5. THE STATION HOUSE OFFICER, I TOWN POLICE STATION, VIJAYAWADA, NTR DISTRICT, 520001. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. PAPUDIPPU SASHIDAR REDDY 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 14.12.2025 issued under Section 179 of BNSS, directing the Petitioners to appear before the Respondent No.5 on 18.12.2025, despite the directions issued by this Hon’ble Court, as arbitrary, illegal, and 2 contrary to settled principles of law, and consequently direct the Respondents to follow the procedure under Section 179 of BNSS in its true spirit.” 2. Sri Papudippu Sashidhar Reddy, learned counsel for the Petitioners would submit that, let there be a direction to the Police to follow the procedure contemplated under Section 179 of BNSS. 3. Sri P.Ajay Babu, learned Assistant Government Pleader for Home, on written instructions, would submit that the notice under Section 179 of BNSS was issued to the Petitioners only to produce the relevant documents in connection with Crime No.119 of 2025 on the file of I Town Police Station, Vijayawada and that the Police never threatened the Petitioners. 4. With regard to issuance of the notice under Section 179 of BNSS, this Court in its Order dated 22.08.2025 in W.P.No.22577 of 2025 held as follows: “20. To sum up: (1) Power of the Police Officer making an investigation to have the presence of “any person” before him by issuing a notice under Section 179 of BNSS is not untrammelled. (2) The said power is restricted to “any person” residing in the limits of his own Police Station or adjoining station. (3) Despite the said person residing in the limits of his Police Station or any other adjoining station, in case of male below 15 and above 60 years, or woman, mentally or physically disabled or a person with acute illness irrespective of their age, shall be examined at the place of their residence under the first proviso to Section 179(1) of BNSS. But the Police Officer can issue notice to such person under Section 179(1) of BNSS. (4) The above persons may be permitted to be examined at the Police Station subject to their willingness, by the aid of second proviso to Section 179(1) of BNSS. (5) Police Officer making an investigation has no power to 3 issue notice under Section 179(1) of BNSS to any person who is not residing within the limits of his own station or any adjoining station. (6) It does not preclude the Police Officer making an investigation to examine such person by approaching him at his place. 21. In the result, the Writ Petition is disposed of. However, the Police Officer making investigation relating to Crime No.21 of 2024 on the file of CID Police Station, Mangalagiri, Guntur District, is at liberty to take necessary steps to examine the Petitioner at his place and collect relevant documents, in the presence of his Advocate, who can sit 10 to 15 feet away from the Petitioner and to record such statement also by electronic means by giving prior information to the Petitioner according to governing rules and law. There shall be no order as to costs.” 5. Considering the submissions made and in the light of the facts of the present case that Petitioner No.1 is aged 76 years and Petitioner No.2 is a woman, the Writ Petition is allowed and the impugned notice is set aside. However, the Police Officer making investigation relating to Crime No.119 of 2025 on the file of I Town Police Station, Vijayawada, is at liberty to take necessary steps to examine the Petitioners in accordance with Section 179 of BNSS. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:30.12.2025 Dinesh 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.35182 of 2025 Dt.30.12.2025 Dinesh