THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.26926 of 2025

ORDER

This writ petition is filed questioning the action of the 5th respondent in not incorporating relevant Section 109 of BNS in Crime No.87/2024 and further action of respondent Nos.2,3 and 5 in not taking any action on the representation of the petitioner dated 12.08.2025 as highly illegal, arbitrary and in violation of Article 14 of the Constitution of India and consequently, seeking a direction to the respondent Nos.2 to 5 to take action forthwith for incorporating Section 109 of BNS in respect of Crime No.87 of 2024 on the file of the

5^th respondent.

2. The brief facts of the case are that the petitioner is a resident of Sirgapur Village and Mandal, Sangareddy. On 17.11.2024, while the petitioner was standing near a tea stall in his village, one of the villager namely Mr. Shaik Mujaheed (6th respondent herein) was quarrelling with a person in respect of an old chit fund and when the petitioner went there and enquired as to why they are quarrelling, the 6^th respondent questioned why the petitioner is interfering and abused him in most filthy language and without stopping there, the 6^th respondent took a scissor from an adjacent Pan Shop and beat the petitioner with it and due to the said attack by the 6th respondent, the petitioner sustained bleeding injury to his left cheek along with several internal injuries to his face, which resulted in facial dysfunction for several months and even now the nerves on one side of his face are not functioning. It is further submitted that apart from facial injuries, the petitioner sustained multiple injuries to his body and was bed ridden for months together. It is submitted that after availing medical treatment on 17.11.2024, the petitioner made a complaint on 18.12.2024 to the 5^th respondent on 18.11.2024 against 6^th respondent along with relevant medical certificates. It is further submitted that based on the said complaint and medical certificate, the 5th respondent registered a crime against the 6th respondent vide F.I.R.No.87 of 2024 for the offences punishable under Sections 118 (1) and 352 of BNS but, failed to incorporate Section 109 of BNS. It is further submitted that 6^th respondent intentionally attacked the petitioner and brought the scissor from the adjacent pan shop and attacked the petitioner and thereby caused serious and grave injury to the petitioner, which lead to severe suffering by the petitioner for months together and it would lead to the death of the petitioner. It is further submitted that petitioner enquired with 5^th respondent as to why Section 109 of BNS is not incorporated in the F.I.R but, 5^th respondent did not give reply, aggrieved by which the petitioner made a detailed representation to the 2nd respondent dated 12.08.2025 and sought for re-investigation into Crime No.87 of 2024, now pending vide C.C.No.119 of 2025 on the file of Junior Civil Judge cum Judicial Magistrate of First Class, Narayanakhed but, as of now since no action has been initiated, challenging the same, the present writ petition is filed.

3. Learned Government Pleader appearing for Home placed the instructions submitted by the Sub-Inspector of Police, Sirgapur Police Station, wherein it is submitted that petitioner has given complaint dated 18.11.2024 to the 5th respondent stating that on 17.11.2024 at 2130 hours when he was at the Tea shop of Pandaricha, his villagers Mr. Abdul Nayeem and Mr. Shaik Mujayid @ Baba were quarrelling with each other with regard to old chits and he intervened to console them, on that Mujayid started abusing him in filthy language and “why are you coming here in the middle”, and took scissors from the nearby pan shop, and also beat him with scissors over his left side cheek and caused bleeding injury, meantime his villager Mr. Firoz and Bhagava Gouse rescued him and thereafter, petitioner went to the Government Area Hospital, Narayanakhed for treatment. After treatment, he came to