APHC010565522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE TWENTY FOURTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10994/2025 Between: 1. RAJESH MANSUKHLAL CHAVDA ALIAS RAJESH KUMAR CHAVDA,, S/O. MANSUKHLAL B CHAVDA, AGE 68 YRS, OCC THE THEN DIRECTOR OF M/S. SRI VYSHNAVI DAIRY PRODUCTS PVT. LTD. R/O. FLAT NO. 302, POONAM VIEW, VIKRANT CIRCLE, RB MEHTHA MARG, GHATKOPAR EAST, MUMBAI. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI. 2. THE INVESTIGATING OFFICER, SIT, ANDHRA PRADESH, TIRUPATI, THROUGH ITS SPL. PUBLIC PROSECUTOR, C.B.I., HIGH COURT OF ANDHRA PRADESH AT AMARAVATI. 3. P MURALI KRISHNA, OCC GENERAL MANAGER(PROCUREMENT), TIRUMALA TIRUPATI DEVASTANAMS(TTD), TIRUPATI. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. D PURNACHANDRA REDDY Counsel for the Respondent/complainant(S): 1. P S P SURESH KUMAR, Spl. Public Prosecutor for CBI 2. PUBLIC PROSECUTOR The Court made the following: 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10994/2025 ORDER: This Criminal Petition has been filed by the petitioner under Section 528 of BBSS to direct the Investigating Officer, Special Investigation Team not to take any coercive steps against the petitioner/accused in view of the nature of allegations and old age ailments of the petitioner and to permit the petitioner/accused to be accompanied by an Advocate at the time of his appearance i.e., whenever his presence is required by the Investigating Officer, Special Investigation Team with respect to Crime No.470 of 2024 of Tirupati East Police Station, Tirupati District. 2. Heard Sri D. Purna Chandra Reddy, learned counsel for the petitioner and Sri P.S.P.Suresh Kumar, learned Special Public Prosecutor for CBI. 3. Learned counsel for the petitioner submits that petitioner herein is the then Director of M/s Sri Vyshnavi Dairy Products Private Limited (A6) in Crime No.470 of 2024 registered for the offences punishable under Sections 274, 275, 316(5), 318(3), 318(4), 61(2), 299, 336(3), 340(2) r/w 49 and 3(5) of BNS and Section 51 and 59 of FSSA of East Police Station, Tirupati. In the said case, investigation was completed and charge sheet was also filed, which was returned with certain objections. Learned Counsel would further submit that the 8th respondent issued notices to the petitioner under Section 35(3) of the Bharatiya Nagarik Surakha Sanhita, 2023, directing to appear before him for 3 further examination. The petitioner is aged about 68 years and body weight of the petitioner is 130 KGs due to which he is suffering with unstable high blood pressure. The only request of the petitioner is that he is willing to cooperate with the investigation before the SIT and permit him to be accompanied by an Advocate at the time of his appearance before the Investigating Officer whenever his presence is required. 4. Learned Special Public Prosecutor for CBI would submit that the presence of the petitioner is necessary for further examination and hence, he was issued notice to appear before the SIT. Learned Special Public Prosecutor would further submit that the Court may pass appropriate orders as deem it fit and proper. 5. Considering the submissions made by both the counsel and on perusal of the material on record, the petitioner herein is aged about 68 years who is suffering with old age ailments and obesity and that the only request made by the petitioner before this court is to permit him to have the presence of his counsel at the time of examination by the SIT and that he is ready to cooperate with the investigation. 6. In that view, it is apposite to permit the petitioner to appear before the SIT accompanying by his counsel who can sit in a feasible distance and maintain decency and decorum and should not interfere with the investigation. 7. Accordingly, with the above direction, the Criminal Petition is disposed of. 4 As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:24.10.2025 ARB 5 294 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.10994 of 2025 Dt.24.10.2025 ARB