Kothapa Puneeth, v. The State of Andhra Pradesh
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K. SREENIVASA REDDY Criminal Petition…
K. SREENIVASA REDDY Criminal Petition…
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HON’BLE SRI JUSTICE K. SREENIVASA REDDY
Criminal Petition No.1694 of 2023
Order:
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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mentioned therein, this Criminal Petition is disposed of, in terms thereof, with the following directions.
i) The petitioner is permitted to appear before the respondent herein on 20th March, 2023 for being examined as a witness in Crime No.16 of 2022 of CID Police Station, Mangalagiri.
ii) The respondent herein is directed to examine the petitioner herein on 20.03.2023 by issuing three days prior notice.
iii) The petitioner shall present himself before the respondent herein on that day at 11.00 am for being examined.
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.
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.
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.
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.
viii) The presence of the counsel accompanied the petitioner shall be subject to the condition that the said counsel shall be at
a distance of 10 feet away from the place of investigation. However, the entire examination shall be within the eye sight of the Advocate.
_________________________ K. SREENIVASA REDDY, J.
Date:06.03.2023 Nsr
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HON’BLE SRI JUSTICE K. SREENIVASA REDDY
Criminal Petition No.1694 of 2023
Date:06.03.2023
Nsr
1 issue framed by the court
Whether the notice dated 28.02.2023 issued under Section 160 Cr.P.C. should be quashed.
Colour shows how this judgement treated each authority
WP No.34842 of 2022, dated 01.11.2022Followed¶5
Petitioner
Respondent
K. SREENIVASA REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court