Disposed

Kothapa Varun Kumar v. the State of Andhra Pradesh

Andhra Pradesh HC6 Mar 2023CRLP/1691/2023

Case brief

AI extract

What is this about?

The High Court disposed of a petition seeking to quash a Section 160 Cr.P.C. notice by fixing an alternate date for examining the petitioner as a witness, directing issuance of due notice and specifying examination timings and counsel presence conditions.

What did the court decide?

Petitioner permitted to appear on 20.03.2023 for examination; respondent directed to issue three days prior notice; no coercive steps allowed during examination; counsel permitted at 10 feet distance.

Kothapa Varun Kumar Vs the State of Andhra… — Criminal Trial and Appeal | Andhra Pradesh HC (2023)

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HON’BLE SRI JUSTICE K. SREENIVASA REDDY

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Criminal Petition No.1691 of 2023

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Order:

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This Criminal Petition has been filed seeking to quash the notice dated 28.02.2023 issued under Section 160 Cr.P.C. by the Investigating Officer/Additional Superintendent of Police, EOW-II, CID, AP, Tadepalli, directing the petitioner herein to appear in person on 07.03.2023 at 10.00 AM at the office of EOW-II, CID, AP, Tadepalli located at H.Block, Samruddhi Nexa Apartments, Pathuru Road, Tadepalli, Guntur district, for examination in connection with Crime No.16 of 2022 of CID Police Station, Mangalagiri, registered for the offences punishable under Sections 120-B, 409, 420, 34, 35, 36, 37, 166, 167, 217 IPC and Section 13(2) read with 13(1)(c) and (d) of the Prevention of Corruption Act, 1988.

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Today, when the matter is taken up for admission, it is submitted by the learned counsel for the petitioner and acceded to, by the learned Standing Counsel for CID-cum-Special Public Prosecutor that the subject matter of this Criminal Petition is squarely covered by the order passed by this Court in Writ Petition No.34842 of 2022, dated 01.11.2022.

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In view of the same and following the order passed by this Court in WP No.34842 of 2022, dated 01.11.2022 and for the reasons

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mentioned therein, this Criminal Petition is disposed of, in terms thereof, with the following directions.

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i) The petitioner is permitted to appear before the respondent herein on 20^th March, 2023 for being examined as a witness in Crime No.16 of 2022 of CID Police Station, Mangalagiri.

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ii) The respondent herein is directed to examine the petitioner herein on 20.03.2023 by issuing three days prior notice.

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iii) The petitioner shall present himself before the respondent herein on that day at 11.00 am for being examined.

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iv) The petitioner shall be entitled to be accompanied by two counsel to the office of the respondent. At any given time, one counsel shall be allowed to be present along with the petitioner while he is being examined by the respondent.

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v) The examination shall be conducted between 11.00 am and 1.00 pm with a lunch break and thereafter from 2.00 pm to 05.00 pm.

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vi) In the event of the examination not been completed on that date, the examination shall be taken up on the next day with the same timings.

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vii) As the petitioner is being summoned as a witness under Section 160 of Cr.P.C., no coercive steps such as arrest of the

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petitioner shall be carried out during his visit for being examined as witness.

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viii) The presence of the counsel accompanied the petitioner shall be subject to the condition that the said counsel shall be a distance of 10 feet away from the place of investigation. However, the entire examination shall be within the eye sight of

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the Advocate.

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As a sequel thereto, the miscellaneous petitions, if any, pending

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in this Criminal Petition shall stand closed.

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_________________________ K. SREENIVASA REDDY, J.

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Date:06.03.2023 Nsr

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HON’BLE SRI JUSTICE K. SREENIVASA REDDY

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Criminal Petition No.1691 of 2023

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Date:06.03.2023

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Nsr

Kothapa Varun Kumar v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Kothapa Varun Kumar v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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