Andhra Pradesh High Court - Amravati
Kilari Eswar Rao, vs Union Of India, on 18 October, 2023
Author: K Sreenivasa Reddy
Bench: K Sreenivasa Reddy
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA (Special Original Jurisdiction) Ss WEDNESDAY, THE EIGHTEENTH DAY of OCTOBER TWO THOUSAND AND TWENTY THREE _- " : PRESENT: : THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 27629 OF 2023 Between: Kilari Eswar Rao, s/o. late Suraya Prakash Rao Aged 61 years, Occ. Advocate/State E.C. Member, (Civil Liberties Committee) Andhra Pradesh, R/o.D.No.2-2-136/1, Beside Municipal School, Chinnabondilipuram, Srikakulam Town, Srikakulam District. ' Petitioner - AND 1. Union of India, Represented by Secretary, Ministry of Home Affairs, North - Block, New Dethi - 17000. 2. The State of Andhra Pradesh, Rep by its Principal Secretary, Home Department, Secretariat Buildings, Velagapudi, Amaravathi. 3. The Director General of Police, State of Andhra Pradesh, Mangalagiri, Guntur District. 4. The National Investigation Agency, Rep by Deputy Superintendent of Police/Chief Investigation Officer, Nationalinvestigation Agency,Branch Office, O/o Sy No 41/14, Khanamet, Madhapur, Near Hi-Tech City Rly Station, Hyderabad-5000871. 5. Superintendent of Police, Vishakapatnam Rural, Vishakapatnam District. 6. Station House Officer, Munchingaput Police Station, Vishakhapatnam District. . Respondents a Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction preferably a Writ in the nature of Mandamus declaring {a)the action of the 4" Respondent in serving the notice on the petitioner under section 160 Cr.P.0 dated. 2.10.2023 summoning petitioner to present before the 4" respondent on 26.10.2023 in respect of FIR No RC- O12021/NIAVHYD, dated. 7.3.2021 completely ignoring that the petitioner is an advocate/counsel as illegal, arbitrary, violation of Advocates Act, 1961 coupled with provisions of indian Evidence Act Sections 126 and 129 including Rules of Bar Council of India Governing Advocates under Chapter 2 Standards of professional Conduct and Etiquette and consequently, set-aside the notice issued U/s 160 Cr.P.C to the petitioner by the 4" respondent dated 2.10.2023 declaring the same as unjust and unconstitutional. (b)The action of the 4 respondent in conducting the surprise search at Petitioner's residential premises on 2.10.2023 at 9.00 am who came with huge mobilization along with State Police of 3 respondent, dealt the petitioner in front of the neighbor residents and society as if he was most wanted Criminal and confining his whole family members for 6 hours together and Seizing the material like books, Bank Pass books, Dairies, Pen drives, ID Cards including his Mobile Phone(Samsung Galaxy F22-Model- SM-E225F/DS with IMEI-1-353744502964634& IME! -2 -356563912964639 having two SIMS pertaining to BSNL and Jio SIM and one Micro SD card of Make-Kingston capacity-2GB ) as illegal, arbitrary, malafide exercise of power, abuse of process of law, contrary to the procedure stipulated under section 165 Cr. P. C, violation of Advocates Act, 1961 and Viclative of Article 14, 19(1)(g) and 21 of the Constitution of India. iA NO: 1 OF 2023: Petition under Section 151 of CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the 4th respondent notice issued to the petitioner under section 160 CrP.C. dated. 2.10.2023, Pending disposal of WP 27629 of 2023, on the file of the High Court IA NO: 2 OF 2023 Petition under Section 151 of CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 4th respondent to return the petitioner Mobile Phone (Samsung Galaxy F22-Model- SM-E225F/DS with IMEI-1-353744502964634 and IME! -2 --356563912964639 having two SIMS pertaining to BSNL and Jio SIM and one Micro SD card of Make-Kingston capacity-2GB } seized by the 4" Respondent on 2.10.2023, Pending disposal of WP 27629 of 2023, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri U D Jai Bhima Rao, Advocate for the Petitioner, and of Sri N.Harinath for Respondent Nos. 1 and 4, and of GP for Home for Respondent Nos. 2, 3 and 5 to 6, the Court made the following ORDER
List the matter on 01.11.2023. in the meanwhile, the respondent police are directed not to insist the appearance of the petitioner herein till 02.11.2023. Sd/- S. SRINIVASA PRASAD ASSISTANT REGISTRAR TRUE COPYI/ te SECTION OFFICER t ar . The Secretary, Union of India, Ministry of Home Affairs, North Block, New Dethi- 11000. ° . The Principal Secretary, Home Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi. _ The Director General of Police, State of Andhra Pradesh, Mangalagiri, Guntur District.
. The Deputy Superintendent of Police/Chief Investigation Officer, National investigation Agency, Branch Office, O/o Sy No.41/14, Khanamet, Madhapur, Near Hi-Tech City Rly Station, Hyderabad-500081. . The Superintendent of Police, Vishakapatnam Rural, Vishakapatnam District.
6. The Station House Officer, Munchingaput Police Station, Vishakhapatnam District.
7. One CC to Sri U D Jai Bhima Rao, Advocate [OPUC]
8. Two CC s to GP for Home, High Court of Andhra Pradesh . One CC to Sri N.Harinath, Deputy Solicitor General High Court of Andhra Pradesh [OPUC]
10. One spare copy HIGH COURT SRKJ DATED: 18/10/2023 LIST THE MATTER ON 01.11.2023 ORDER WP.NO.27629 OF 2023 INTERIM DIRECTION