THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.30727 of 2025

ORDER

Heard learned counsel for the petitioners and learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3. With their consent this writ petition is taken up for disposal at the admission stage itself. Notice to respondent Nos.4 and 5 is hereby dispensed with.

2. This writ petition is filed seeking following prayer:-

“…declaring the inaction and biased conduct of the 3rd Respondent who misused official position to shield to Respondents 4 and 5 failed to alter the Sections despite medical reports and CCTV footage of Nekkonda police station and filed false counter case against the petitioner No.1 as arbitrary, malafide biased discriminatory, illegal and violative of Articles 14 and 21 of the Constitution of India and direct the Respondents to properly act upon and register the offences disclosed in the complaint lodged by petitioner No.2 dated 31.07.2025 by altering the Sections to 109 of BNS and any other sections as applicable in FIR No.210 of 2025 as warranted by the medical reports CCTV footage of Nekkonda police station strictly in accordance with the law and consequently direct the Respondents to conduct a free, fair, transparent and impartial investigation uninfluenced by Respondents 6 and 7 and to ensure justice to the victim/petitioner No.1…”

3. The facts of the case in brief as stated are that petitioner belongs to Scheduled Tribe Community and working as Contract Resource Teacher (CRT) in Ashram Schook, Burugupeta in Mulugu District. It is submitted that on 30.07.2025 at 5-6 pm., petitioner went to the Nekkonda Police Station on the calls received from the police authorities. When the petitioner went to the police station, respondent Nos.4 and 5 who are present in the police station brutally attacked the petitioner in the presence of police personnel in the premises of Police station. The petitioner was admitted to the hospital and thereafter, petitioner lodged a complaint before respondent No.3 and the respondent Police registered FIR No.210/2025 against respondent Nos.4 and 5. Subsequently, when the petitioner was shifted to MGM Hospital, Warangal for better treatment, the Doctors suggested surgery to the left leg and on 07.08.2025 petitioner got discharged from the hospital. The main grievance of the petitioner is that the respondent Police without conducting proper investigation, filed FIR No.210/2025 dated 31.07.2025 only under Sections 118(1), 351(2) read with Section 3(5) of BNS despite the said offence attracts Section 109 of BNS. Questioning the same, the present writ petition is filed.

4. Learned Assistant Government Pleader for Home has placed a copy of charge sheet in FIR No.210/2025 dated 31.07.2025 which was filed before Additional Judicial Magistrate of First Class at Narsampet. It is submitted that on 21.08.2025, the respondent Police collected the medical certificate of the injured petitioner and basing on the X-ray, it is evident that petitioner sustained grievous injuries and accordingly, respondent Police altered the Sections from Section 118(1), 351(2) r/w Section 3(5) of BNS to Section 118(2), 351(2) r/w Section 3(5) of BNS and the alteration memo has also been filed before the Court concerned.

5. In that view of the matter, since the charge sheet has been filed with the applicable Sections, this writ petition is disposed of granting liberty to the petitioner to pursue remedies as available under law before the Court concerned.

Miscellaneous applications, if any pending, shall stand closed. No order as to costs.

_________________________________ JUSTICE N.V.SHRAVAN KUMAR Date: 10.10.2025 MRM