APHC010685842025 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 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 35183/2025 Between: 1. KAKUMANU VENKATA KRISHNA MOHANA RAO, S/O. K PUMA CHANDRA 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 AND 1. THE STATE OF AP, ., 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: 2 1. PAPUDIPPU SASHIDAR REDDY Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 35183/2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue a writ. order or direction, more particularly one in nature of Writ of Mandamus or any other Writ, order or direction declaring challenging the Notice dated 14.12.2025 issued under Section 179 of BNSS directing me to appear before the respondent No.5 on 18.12.2025 inspite of directions of this Hon’ble Court directing the 4th Respondent to follow the procedure laid down in the case of Arnesh Kumar as arbitrary and illegal and contrary to settled principles of law and consequently set-aside the same and follow the procedure contemplated under Section 35(3) of BNSS and Arnesh Kumar v. State of Bihar.…” 2. Heard Sri Papudippu Sashidar Reddy, learned counsel for the petitioners and Sri.P.Ajay Babu, learned Assistant Government Pleader for Home for the official respondents. 3. Learned counsel for the petitioner would submit that the petitioner has approached this Court challenging the notice issued by the police under Section 179 of BNSS to the petitioner. Learned counsel for the petitioner would further submit that the petitioner herein has preferred a Criminal Petition in Crl.P.No.12816 of 2025, seeking quashment of the case against him in Cr.No.119 of 2025, wherein this Court ordered the police to follow the guidelines issued by the Hon’ble Supreme Court in Arnesh Kumar v. State of 4 Bihar1 and issue notice under Section 35(3) of BNSS. But without issuing such notice, police have issued a notice under Section 179 of BNSS to the petitioner for appearance and production of some documents. 4. Learned Assistant Government Pleader for Home, on instructions, would submit that as ordered by this Court, the police may issue notice under Section 35(3) of BNSS to the petitioner. The petitioner has to co-operate with the investigation and that is why the police issued the notice under Section 179 of BNSS for his appearance. 5. Recording the above said submissions, this Writ Petition is disposed of. However, the petitioner is directed to co-operate with the investigation, since he received the notice under Section 179 of BNSS from the person who is making investigation in this matter. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 30.12.2025. UPS 1 (2014) 8 SCC 273 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 35183/2025 Dated.30.12.2025 UPS 183