THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

WRIT PETITION No.33571 of 2025

ORDER

Heard learned counsel for the petitioner and learned Assistant

Government Pleader for Home appearing for respondent Nos.1 to 6.

With their consent, this writ petition is being taken up for disposal.

2. This writ petition is filed questioning the action of the respondent Nos.5 and 6 in not conducting fair and impartial investigation in Crime No.219 of 2025 dated 14.10.2025 for the offences under Sections 118 (1) read with 3 (5) of BNS which was altered to Section 109, 61 (2) (a) of BNS is in gross violation of the fundamental rights guaranteed under Articles 14, 19 and 21 of the Constitution of India, especially when the accused belong to Banned Terrorist Organization (SIMI) in Nanded and with a consequential prayer to direct the respondents especially respondent No.5 to

investigate into Crime No.219 of 2025 dated 14.10.2025.

3. Learned Assistant Government Pleader appearing for Home has placed the written instructions submitted by Sub-Inspector of Police, Bahadurpura Police Station wherein it is submitted that petitioner is running a garment shop near Majestic Hospital, Kishanbagh and on 13.10.2025 at around 02:00 Pm while he was sitting at the counter in his shop, two unknown masked persons entered pretending to be customers and attacked the petitioner who sustained bleeding injury

on his head an fore arm. Immediately, his nephews shifted him to hospital and owing to his medical condition, the petitioner could not approach the Bahadurpura Police Station immediately. However, on 14.10.2025, petitioner went to the police station and lodged the complaint and requested to take necessary legal action. On receipt of the complaint, Sri M.D. Shakeer Ali, Inspector of Police registered a case in Crime No.291 of 2025 under Sections 118 (1) read with 3 (5) BNS of P.S. Bahadurpura, Hyderabad and handed over the case file to S.I of Police for further investigation. During the course of investigation, the investigating officer secured the presence of the complaint and recorded his detailed statement and his statement corroborated the contents of the F.I.R. Later, investigating officer visited the scene of offence and in the presence of two mediators conducted the scene of observation, panchanama and secured the presence of four more witnesses and recorded their statements. While the investigation was in progress, apprehended the accused persons on 19.10.2025, the investigating officer apprehended A-1 Syed Layeeq Hussain @ Layeeq; A-2 Mohammad Abdul Aleem @ Mansoor and A-3 Mohd. Fazil @ Fazil and interrogated them and as per their confessional statements, the section of law was altered from Section 118 (1) read with 3 (5) of BNS to Sections 109, 61 (2) (a) read with 3 (5) of BNS. Thereafter, A-1 to A-3 were produced before the Court of Hon’ble Special Judicial First Class Magistrate at Gandhi Bhavan, Hyderabad and the learned Magistrate remanded them to judicial custody. It is further submitted that A-4 by name Amar and other accused are absconding and the case is under investigation. Considering the complaint, F.I.R was registered and subsequently, based on the statements of witnesses and confessional statements of the arrested accused section of law was altered to Sections 109, 61 (2)

of BNS.

4. Learned counsel for the petitioner submits that subsequently another complaint was made on 30.10.2025 against one Jabeen Mirza, Syed Layeq Hussain, Mohammed Abdul Aleem @ Mansoor, Mohammed Fazil, Amer and others for attempting to murder and trying to kill the petitioner with a criminal conspiracy and requested to take necessary action.

5. Learned Assistant Government Pleader for Home submits that basing on the earlier complaint dated 14.10.2025 a case in Crime No.291 of 2025 has been registered. It is submitted that complaint dated 30.10.2025 has not been considered but, the same would be considered and appropriate action would be taken for registration of F.I.R., by followin