✦ High Court of India · 17 Mar 2025

High Court · 2025

Case Details High Court of India · 17 Mar 2025
Court
High Court of India
Decided
17 Mar 2025
Bench
Not available
Length
1,027 words

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue writ, order or direction particularly one in the nature of wRlT oF MANDAMUS, declaring the actions of the respondents most particularly the respondents Nos. 3 and 4 in not conducting the investigation in proper provisions of law i.e., attempt to murder and registered the FIR No. 51 of 2025 in grievous hurt whereas the 2nd victim/2nd petitioner herein lost his teeth due to attack and other killing injuries, the police is not including the proper sections even after submitting the medical report of further treatment, is illegal, arbitrary, and consequently direct the respondents No. 3 and 4 to take cognizance in the proper provisions of law i.e., attempt to murder as the victims sustained killing injuries on their ribs, chest, head due to which they would die. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents Nc. 3 and 4 to record the statements of victims cum eye witnesses i.e-, the petitioners No. 2 and 3 herein and to add the proper provisos of law in the FIR No. 51 ot 2025 i.e., in the provisions of attempt to commit murder and submit the stage and report of the investigation before this Hon'ble Court within stipulated time of 2 weeks or as deemed fit by this Hon'ble Court. Counsel for the Petitioners: SRI MOHD OMERULLAH SHAREEF Counsel for the Respondents: GP FOR HOME The Court made the following: ORDER THE HON'BLE SRI JUSTICE T. VINOD KUMAR W.P.No.7922 of 2o25 ORDER Heard learned counsel for the petitioners, learned Covernment Pleader for Home appearing for responde nt Nos.1 to 4, and with lhe consent of the lcarned counsel appearing for the respective parties, the writ petition is taken up for hearing and disposal at admission stage.

2. Shorn of unnecessary dctails, thc case of the petitioners, in brief, is that though the respon dcnts,authorities have registered a case uide Cr.No.5ll2025, they are not conducting proper investigation into the aforesaid crime, since, the respondents have registered the case showing the samc as arr offence of grievous hurt, even though the offence committed indicates the same to be an offcnce of attempt to commit murder.

3. It is the further case of the petitioners that despite they submitting the medical reports showing the nature of injuries, the authorities are not altering thc provisions under which the aforesaid crime is registered and not taking action against the persons named in the FIR, which action it is contended as highly illegal and arbitrary. I 2

4. Per contra, learned Government Pleader for Home appearlng on behalf of official respondents would submit that the respondents-ar rthorities have addressed a requisition to the authorities of Osmania Medical College & Osmania General Hospital as well as the Government Dental College & Hospital, Afzalgunj, on the date of registering the FIR itse tf, i'e', on O1.O3.2025, and the reports of the medical ofllcers are awaited'

5. Learned Government Pleader further submits that on receiving the reports from the medical authorities, necessary amendment to the provisions, under which the aforesaid crime is registered, would be taken.

7. I have taken note of the respective submissions made' Having regard to the submissions made as above , and taking . note of the fact that the respondents-authorities have already addressed a communication to the concerned medial authorities i.e., Osmania Medical College & Osmania Hospital as well as the Government Dental College & Hospital, Afzalgunj, lbr providing reports as to the nature of the injuries received by the complainant., this Court is of the view that respondenls-authorities are to be directed to take further action in the matter, on receiving the medica I reports from Lhe concerned medical authorities. Further, lt is made clear that in the event of the petitioners not <- 3 being satislied with the investigation being undertaken by the respondents-authorities, it is always open for them to avail the remedies provided under BNSS.

8. Subject to the above observation and liberty granted to the petitioners, this Writ Petition is disposed of. No order as to costs' g. Consequently, miscellaneous petitions, if any, pending in these writ petitions shall stand closed. //TRUE COPY// SD.K.SREERAMA M DEPUTY REG THY R SECTION FFICER To Saifabad, Hyderabad. Hvderabad, State of Telangana. '1 . The Principal Secretary for Home Department, Telangana Secretariat' 2 ifr;"Dir;;i.iieeneiat oi police, State of Telangana, office at Lakdikapul, e. i[" CJ"imi6iloner ot Police, Hyderabad, Command Control Center, B/Hills, 4 ifr; SLtio; House officer, Humavun Nagar Police Station, ltylqtqlua s. o"i cc t" sRl MoHD OttrtEnul[nu SHAREEF, Advocate [oPUC] 6. i;; ccsi" ci FoR HoME, High court for the state of Telangana, at 7. Two CD Copies Hyderabad. [OUTI Hvderabad. PSK.,- I,S W HlGH COURT DATED:1710312025 ORDER WP.No.7922 of 2025 HE STzt /6 1 3 19 APH 2C25 (l n li11';..:;:r i-':-i- :.._;;-- ((l,7 DISPOSING OF THE WRIT PETITION WITHOUT COSTS * 1o td"a \-k G\qa5 I

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