APHC010566872025 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 WRIT PETITION NO: 29332/2025 Between: 1. RAVINDER SHARMA, S/O MAHINDER SHARMA, AGED ABOUT 64 YEARS, R/O H.NO 74, ROAD NO -220 WARD NO -1, HOUSING BOARD COLONY, BALDEV NAGAR, AMBALA CITY, PUNJAB ...PETITIONER 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. 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: 1. SIVAPRASAD REDDY VENATI Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 29332/2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... 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 notice, dated 18.10.2025 issued under Section 35(3) of BNSS by the 8th Respondent as illegal, arbitrary, and without jurisdiction and further after filing charge sheet before the concerned court as illegal, arbitrary, malafide and abuse of power, violative of Articles 14, 19 and 21 of the Constitution of India, and consequently, direct the Respondents to grant interim directions directing the Respondents to conduct the proceedings in-camera in the presence of the Advocate for the Petitioner without taking coercive steps.” 2. Heard Sri C. Nageswara Rao, learned Senior Counsel assisted by Sri V. Uday Kumar, learned counsel appearing on behalf of the petitioner and Sri P.S.P.Suresh Kumar, learned Special Public Prosecutor for CBI. 3. Learned Senior Counsel would submit that the petitioner is Lab In- charge of M/s Bhole Baba Organic Dairy Milk Private Limited, Bhagwanpur and he was arrayed as Accused No.23 in Crime No.470 of 2024 of East Police Station, Tirupati, 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 & 59 of the Food Safety and Standards Act. Learned Senior Counsel would further submit that Investigating Agency has completed the investigation and filed charge sheet and now the petitioner was issued notice to appear before the Investigating Officer without any reasonable grounds. 3 Learned Senior Counsel would further submit that in the event of further examination by SIT, petitioner may be permitted to have the presence of his counsel. 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. 5. Considering the submissions made by both the learned counsel and on perusal of the material on record, 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 further examination by the SIT. 6. In that view, it is apposite to permit the petitioner to appear before the SIT accompanying by his counsel who can sit at a feasible distance and maintain decency and decorum and should not interfere with the investigation. 7. Accordingly, with the above direction, the Writ Petition is disposed of. 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:24.10.2025 ARB 4 88 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.29327 of 2025 Dt.24.10.2025 ARB