APHC010108752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY ,THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 5458/2025 Between: D Vamsi Krishna ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. PAPUDIPPU SASHIDAR REDDY Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following Order: 1. The petitioner is challenging the notice issued under Section 179 read with Section 94 of BNSS, whereby, the 4th respondent has required the petitioner to appear on 05.03.2025 at 10.00AM. 2. The learned counsel appearing for the petitioner submits that the impugned notice is not even addressed to the petitioner and there are absolutely no details as to in what connection the petitioner is required to attend the office of 4th respondent in relation to Crime No.20 of 2025. 3. The learned counsel for the petitioner submits that on 01.03.2025 the 4th respondent apprehended the petitioner 2 of 5 WP.No.5458 of 2025 and without any information and also has taken possession of the laptops and mobile phones of the petitioner. The relatives of the petitioner approached this Court for filing a writ of habeas corpus, by moving a House Motion, the communication was informed to the office of the Advocate General at 10.00AM, soon after the petitioner was brought back to the petitioner’s residence, however he was issued the notice dated 01.03.2025 requiring the petitioner to appear on 05.03.2025. The learned counsel for the petitioner submits that the said activities of the respondents are not only illegal but also beyond their jurisdiction. 4. The learned Assistant Government Pleader appearing for the respondents submits that the petitioner is required only to attend as a witness and also to furnish any material evidence which is available with him in relation Crime No.20 of 2025 on the file of West Police Station, Tirupati. 5. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 3 of 5 WP.No.5458 of 2025 6. Considering the circumstances under which the present writ petition is filed and also considering the manner in which the notice is issued to the petitioner, requiring the petitioner’s attendance on 05.03.2025. It is evident that the police tried to apprehend the petitioner without registration of any crime against him. The petitioner was brought back to his home only after the office of the learned Advocate General received notice of filing of habeas corpus petition on 01.03.2025 challenging the illegal custody of the petitioner. 7. The notice also does not bear the name of the petitioner and also does not disclose any details as to why the petitioner is required to be present. Considering the peculiar circumstances in which the petitioner is put to on account of the illogical acts of the respondents, there shall be stay on the operation of the impugned notice dated 01.03.2025. The respondents are hereby directed not to take any coercive steps against the petitioner in pursuance of the impugned notice dated 01.03.2025. 8. With these observations the writ petition is disposed off at the admission stage. No costs. 4 of 5 WP.No.5458 of 2025 9. Pending miscellaneous petitions, if any, shall stand closed. 10. ____________________ JUSTICE HARINATH.N KGM 5 of 5 WP.No.5458 of 2025 45 HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.5458 of 2025 Date: 04.03.2025 KGM