THE HON’BLE SRI JUSTICE N.V.SHRAVAN KUMAR

Writ Petition No.25181 of 2025

This writ petition is filed seeking the following prayer:

“…declaring the action of the respondent

Nos.2 and 3 in tampering the original complaint copy with another complaint copy by changing the facts and registering the FIR without making the Respondent No.6 as an accused for the offence under section 117(1) of BNS (Grevious Hurt) who voluntarily caused Grevious hurt to the petitioner’s wife on 17.06.2025 with criminal intimidation is illegal, arbitrary and contrary to law and violation of Articles 14, 19 and 21 of constitution of India and consequently direct the respondent Nos.2 and 3 to alter the FIR No.161/2025 according to the original complaint by making the Respondent No.6 as an Accused for the offence under section 117(1) BNS Voluntarily causing Grevious Hurt which done to

the petitioners wife by the respondent No.6 …”

2. Heard learned counsel for the petitioner and

learned Assistant Government Pleader for Home appearing on behalf of respondent Nos.1 to 3. With their consent, this

writ petition is taken up for disposal. Notice to respondent Nos.4 to 6 is dispensed with.

3. The facts of the case in brief are that petitioner and respondent Nos.4 and 5 are having some old grudges with regard to the properties and that when the petitioner along with his wife were returning to home after finishing their agriculture work, respondent Nos.4 to 6 picked up quarrel with petitioner and his wife and respondent No.6 kicked the petitioner’s wife badly and also threatened to kill her, due to which petitioner’s wife was grievously injured. Thereafter, petitioner had taken his wife to the hospital as she suffered multiple spine injuries. Thereafter, petitioner approached Mothkur Police Station and requested to take necessary action against respondent Nos.4 to 6. The petitioner gave handwritten complaint along with medical reports to the SHO, Mothkur Police Station, however, police registered FIR against respondent Nos.4 and 5 exclusing respondent No.6 who caused grievous hurt to the petitioner’s wife. It is further submitted that respondent Nos.2 and 3 tampered the original complaint copy by changing the facts and registered FIR against respondent Nos.4 and 5. Questioning the same, the present writ petition is filed.

4. The Sub-Inspector of Police, Mothkur Police Station has placed a copy of instructions through learned Assistant Government Pleader for Home stating that petitioner herein lodged a complaint with respondent No.3 on 20.06.2025 stating that the unofficial respondent Nos.4 and 5 abused and pulled his wife by hair and beat her. Basing on the same, a case has been registered in Cr.No.161/2025 under Section 74, 352, 115(2) read with 3(5) of BNS against respondent Nos.4 and 5 herein and investigation has been taken up. Thereafter, a charge sheet has been filed vide C.C.No.436 of 2025 and the case is pending for trial before Principle Judicial First Class Magistrate at Ramannapaet. It is further submitted that respondent No.3/Police had never tampered the original FIR and according to medical report, the injuries were recorded as simple in nature and that petitioner is at liberty to adduce evidence before the Trial Court. Along with the copy of instructions, a copy of FIR.No.161/2025 has been enclosed. Learned Assistant Government Pleader for Home draws attention of this Court to report of Medical Officer issued by Civil Assistant Surgeon – CMO wherein the injuries are recorded as simple in nature.

5. In that view of the matter, since the case is pending for trial vide C.C.No.436 of 2025 before Principle Judicial First Class Magistrate at Ramannapaet, the petitioner may pursue his remedy in C.C.No.436 of 2025 pending before the trial Court as available under law and the respondent authorities shall follow due procedure as contemplated under law for further investigation, if any.

6. With the above directions, this writ petition is disposed of.

Miscellaneous petition