The court upheld constitutional protections against self-incrimination, stating a petitioner cannot be compelled to provide evidence that may incriminate them.

THE HONOURABLE '|SRI JUSTICE HARINATH.N IANo.2OF2025 IN CRLP NO: 6116 OF 2025 /I+-

Betwee n :

Indira Television Limited, Through its Whole Time Director B. Ramana Reddy Having its registered office at 6-3-248/3, Sakshi Towers, Road No,1, Ba`njara Hills, Hyderabad, Telangana 500034 .HPetitioner •AND

1. State of Andhra Pradesh and another, Through the Public Prosecutor Honble High Court ofAndh-ra Pradesh.

2. Kambampati Sireesha, Venkateswara Rao, Rayapudi Village, Thulluru, Guntur, Andhra Pradesh ...Respondents Counsel for the Petitioner: Sri V Maheswar Reddy Counsel for the Respondent No.1 : Public Prosecutor, High Court of AP petition under Section 528 of BNSS, praying that in the circumstances stated I'n the grounds filed in Support Of the Criminal Petition, the High Court may be pleased to grant stay all further proceedings in relation with FIR No.108/2025 dt.08.06.2025 registered at Thullur Police Station, Pending disposal of CRLP No.6116 of 2025, on the file of the High Court.

The court while directing issue Of notice tO the Respondents herein to show cause as to why this application should not be complied with, made the / t following order,(The receipt of thi; order will be deemed to be the receipt Of notice in the case). The Court inade the following ORDER Heard Mr.S.Niranjan Reddy, le-armed Senior Counsel appearing for ^-=i..I-i.-.`L the petitioner virtually online' lahd learned Assistant Public Prosecutor appearing for the State.

The learned senior counsel submits that the petitioner is arrayed as accused No.3 in Crime No.108 of 2025 for alleged offences under sections 79,196(1)7 353(2), 299o,-3§6(2), 61(1) of BNS and Section 67 of lT-

Act and Section 3(1)(u) of SC & ST (POA) Act,1989.

The learned senior counsel submits that none of the allegations can be attributable to the petitioner and also submits that the learned i.I Magistrate while remanding the accused No.2 had held that there was no credible material for making out a pr,-ma fac,'e case under Section 3(1)(u)

of SC & ST (POA) Act,1989.

It is submitted that the petitioner, is now issued a notice under Section 94 of BNS S calling -up-on the petitioner to furnish various information together with electron ic documents/devices/ property/things. The notice further states that the information is being required for the purpose of evidence collection under Cr.P.C., and that the petitioner is now obligated..to furnish certificate under Section 63 of BSA 2023 (Section 65-B of Indian Evidence Act) for the purpose of 'investigation and trial.

The learned senior counsel submits that notlICe under Section 94 of BNSS is issued with an intentio.n to conduct a roving enquiry.

_-ff ± I, idL Reliance is placed on the judgment of the Hon'ble Supreme Court -ln v.s. Kuttan PiIIai vs. Ra/IhTakriShnan aid Anotherl and the rctevaut Para iS extracted hereunder:

"In view of the decision in ShyamlaI IVlohanlaI's case (supra)

One must PrOCee.d On the`baSiS that a Summons tO Produce a thing or document as contemplated by s. 91(1) cannot be issued to a Person accused Of an Offence Calling upon him to produce document or thing considered necessary or desirable for the purpose of an investigation, inquiry, trial or other proceeding under the Code of Criminal Procedure."

!|-.I.

Reliance is placed on the`iudgment of 1:he Hon'ble Supreme Court in state of Gujarat vs. Shyamla[ Mohan]al choksi and another2 and the relevant paras are extracted her'eunder:

i f£33. We may me'ntion that the question about the constitutionality of Sectioh '94(1) Cr. P.C. was not argued before uS' because at the end of the''hearing on the construction of section` 94(1) we indicated 'to the cb`unse[ that we were inclined to put a narrow construction on the said section and so the question about its constitutionality did ~n`ot arise. ln the course of arguments however it was suggested -by' Mr. Bindra that even if Section 94 (1) received a broad constru'ction it woul