Andhra Pradesh High Court - Amravati
Tirumalasetty Anjaneyulu vs Union Of India on 18 October, 2023
Author: K Sreenivasa Reddy
Bench: K Sreenivasa Reddy
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) 7 WEDNESDAY , THE EIGHTEENTH DAY OF OCTOBER © a TWO THOUSAND AND TWENTY THREE . :PRESENT: " THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 27628 OF 2023 _- Between: is) ' Tirumalasetty Anjaneyulu, s/o. Late Kotaiah, Aged about 61 years, Occ. Advocate cum~ Joint Secretary, (CLC) A.P. Rlo.D.No.16-2-9, 1st Floor, Lakshman Rao street! Pooranadampeta, Vijayawada-520003. . .. .Petitioner: AND ; q 1. Union of India, Represented by Secretary, Ministry of Home Affairs, North Block, New Delhi - 11000. 3 2. The State of Andhra Pradesh, Rep by its Principal Secretary, Home j Department, Secretariat Buildings, Velagapudi, Amaravathi. 3: 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-500081. = Superintendent of Police, Vish&kapatnam Rural, Vishakapatnam District. Station House Officer, Munchingaput Police Station, Vishakhapatnam District. The Andhra Pradesh State Bar Council, rep by its Secretary, AP High Court Premises, Nelapadu, Amaravati, Guntur District, Andhra Pradesh % - ...Respondents: i J x N @ or 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, fo issue an appropriate writ, order of direction preferably a Writ in the nature of Mandamus declaring " (ajthe action of the 4° Respondent in serving the notice on the petitioner. under section 160 Cr.P.0 dated 2.102023 summoning petitioner fo present before: the 4th respondent on 16.10.2023 in respect of FIR No RC-01/2024/NIA/HYD dated. 7.3.2021 completely ignoring that the petitioner is an advocate/counsel for the. accused A-41 and A-83 in the very same FIR before the Court below as illegal, arbitrary, violation of Advocates Act, 1861 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. 491 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 and coming with huge mobilization: along with State Police of 3° respondent and dealing the petitioner in front of the. neighbor residents and society as if he was most wanted Criminal and confining his: whole family members for 7? hours together and Seizing the material, which are not incrimnating in any manner, including his Mobile Phone(Vivo Android phone-Model. VIVO-2015, IMEI-1-861326059083995 and IMEI -2 - 861326059083987 along with one Jio SIM } as illegal, arbitrary, malafide exercise of power, abuse of process of law, contrary to the procedure stipulated under section 165 CrP.C, violation of: Sey Advocates Act, 1961 and Violative of Article 14, 19(1)(g) and 21 of the Constitution of India. a. ; 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 4" respondent notice issued to the petitioner under. section 160 Cr.P.C. dated 2.10.2023, Pending disposal of WP 27828 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 4" respondent to retum. the petitioner Mobile Phone (Vivo Android. Phone- Model VIVO-2015,IMEI-1-861326059083995& IMEI-2-864 326059083987. along with one Jio SIM) seized by the 4" Respondent on 2.10.2023, Pending disposal of WP 27628 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, DEPUTY. SOLICITOR GENERAL OF INDIA, for the Respondent Nos.1 & 4, and of GP FOR: HOME, for the Respondent Nos.2,3,5 & 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 fill 02.11.2023. Sd/- S. SRINIVASA PRASAD ASSISTANT REGISTRAR i TRUE COPYII Fors SECTION OFFICER To,
1. The Secretary, Union Of India, Ministry of Home Affairs, North Block, New Delhi - 17000. .
2. The Principal Secretary, State of Andhra Pradesh, Home Department, Secretariat Buildings, Velagapudi, Amaravathi. Don The Director General of Police; "State of Andhra Pradesh, Mangalagiri, Guntur:
District.
The Deputy Superintendent of Police/Chief Investigation Officer, National Investigation Agency, National Investigation Agency, Branch Office, O/o Sy No 41/14, Khanamet, Madhapur, Near Hi-Tech City Rly Station, Hyderabad- 500081. --
'Superintendent of Police, Vishakapatnam Rural, Vishakapatnam District.
Station House Officer, Munchingaput Police Station, Vishakhapatnam District.
The Secretary, Andhra Pradesh State Bar Council, AP High Court Premises, Nelapadu, Amaravati, Guntur District, Andhra Pradesh (Addressees 1 to 7 by RPAD)
8. One CC to SRI. U D JAI BHIMA RAO Advocate [OPUC]
9.
One CC to SRI N.HARINATH, DEPUTY SOLICITOR GENERAL OF INDIAIOPUC]
10. Two CCs to GP FOR HOME, righ Court of Andhra Pradesh [OUT]
11.One spare copy PSR HIGH COURT SRK,J DATED:18/10/2023 NOTE: LIST THE MATTER ON 01.11.2023, ORDER WP.No.27628 of 2023 INTERIM DIRECTION