High Court · 2025

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 any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the negligence of the srd respondent in registering F.l.R.No.35't of 2025 dated '10-06-2025 without proper investigation and without adding Sections 61 , 1 09 and 'l 16 of BNS, wherein the old aged father of the petitioner got 3 sutures on the left temple of his forehead as arbitrary, illegal and in violation of Articles 14 and 21 of the Constitution of lndia and consequently direct the 5th respondent police to conduct fair, speedy and impartial investigation into the F.l.R.No.351 ol 2O25 dated 10-06-2025 ,/ 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 5th respondent police to conduct fair, speedy and impartial investigation into the F.l.R.No.351 of 2025 dated 10-06-2025, pending disposal of the writ petition Counsel for the Petitioner: Smt. SHAHEEN SULTANA Counsel forthe Respondents: GP FOR HOME The Court made the following: ORDER THE HON'BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No.17288 of 2O25 ORDER: Heard learned counsel for the petitioner, learned Government Pleader for Home appearing for respondent Nos.1 to 5, and with the consent of the learned counsel appearing for the parties, the Writ Petition is taken up for hearing and disposal at the admission stage.

2. The case of the petitioner, in brief, is that, though the respondents- authorities have registered a case, vde Crirne No.351 of 2025 dt.10.06.2025, the authorities did not invoke the correct provisions of law against the accused therein, even though the commission of the said offence clearly discloses premeditated acti'on, resulting in an attempt to do away with the life of the father and mother oF the petitioner. Thus, it is contended that there is negligence on the part of the 5th respondent, while registering the aforesaid crime and conducting investigation therein.

3. Per contra, learned Government Pleader for Home appearing on behalf of respondent Nos,1 to 5 would submit that the authorities after receiving the aforesaid complaint and after sending the injured to the hospital, have obtained MLC report bearing No.11232 and 11233 from the hospital authorities and as per the aforesaid report given by the medical authorities, wherein it is recorded that the injury is simple in nature, the authorities have registered the aforesairj crime under the provisions of 2 Sections 118(1), 351(2) read wth Section 3(5) of BNS and are conducting investigation,

4. Learned Government Pleader fufther submits that though the petitioner claims of the said injuries to be grievous in nature, since, the MLC reports do not confirm the aforesaid claim, the authorities have not invoked the provisions of Section 109 of BNS.

5. Learned Government Pieader thus submits that the registration of crime and investigation thr:rcinto is beinq conducted having regai'd to the nature of injury received in accordance with the provisions of BNS and BNSS; and that if the petitioner is aggrieved by either the provision under which the accused are charged or the manner of investigation, she has to avail further remedies provided under BNSS and for the said reason, cannot approach this Court b), the present Writ Petition.

6. I have taken note of the respective contentions urged.

7. This Court has been consistently taking the view that if the de facto complainant is aggrieved either by the provisions under which the accused are charged or the manner of investigation, he/she has to approach the concerned lvlagistlate by bringing to the notice of the concerned Magistrate his/her objection in that regard.

8. However, it is being noticed that the parties, who claim themselves aggrieved by the manner of investigation or the provision of law under .,'/ 3 which the accused are charged, instead of availing the remedies provided under BNSS, are seeking to invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India[See vinag Tyagi tts Irshad. Ali & otherst and Vinubhai Haribho;i Malaaiga os. Stote oJ GujaraP). f . in the facts of the present case also though the petitioner claims to be aggrieved by the manner of investigation and the provisions under which the accused are charged, since, it is not shown to this Court of the petitioner having availed remedies provided under BNSS, which is a complete Code in itself, she is not entitled to maintain the present Writ Petition. Taking note of the fact that the petitioner did not avail the remedies provided under law, this Court is of the view that liberty should be granted to the petitioner to approach the concerned Cout/Magistrate and avail remedies provided under BNSS.

10. Granting liberty as noted hereinabove, the Writ Petition is disposed of. No order as to costs.

11. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. '(2019)17scc2 i t t To, //TRUE COPY// SD/.A. SRINIVASA REDDY ASSISTANT REGISTRAR It SECTION OFFICER 'l.ThePrincipalsecretary'DepartmentofHome'secretariat'T'S''Hyderabad' 2. The Comhissioner of P-olic..e' . Richakonda Police^' Commissionerate' n,."r,i,Jn n Jpui-J.n,, r.r",|. rr,riir.ii g iii_ Co, rt Complex,'. S hivanagar Colony, "'-ioiice. vavupuii' rtreieome(, Ir'ledchal Malkaioiri District' Behind Rachakonda Police -N'ear Malkajgiri Court Complex'

3. The D;;Jii*il;;iiiioni. Commission6rate, Ramakrishnapuram-. snvrnaia"iEoio"nv,Vlv'pu..l'Neiedmei'MedchalMalka'giriDistrict' 4.TheAslistantCommissioneroi.Foric",BehindRachakondaPolice commissionerate, Ra makishnaouram :l-ltthtgli"q'99!g!sl' r.:--,-...L'..i1r-'r-'?nqrrrE tr:.,-"t$t*ert?{,-rs&t*-*lwr:._.sxw-"v6yg16--ffit!r.xr-r*!# ?[]ti3fls:?.l"J:!x'Xftl"t?:',i,:f;:?:ili"Y"""'C$3iXii'fl''i1H:"'j'*' ** HF'*"R gm* #xfr"?.' l?3 or re'anga na at "il'" \ 5 t) 7 8 BM LS H;H1gJi; f Hvderabad [OU l] Two CD CoPies ?y Medchar * HIGH COURT l \ DATED:2410612025 ORDER WP.No.17288 of 2025 t I R 1i'i Ot u^^ (-\ () t * 1 0 JUL 2025 * o P,4T DISPOSING OF THE WRIT PETITION WITHOUT COSTS