✦ High Court of India · 10 Oct 2025

The High Court · 2025

Case Details High Court of India · 10 Oct 2025
Court
High Court of India
Decided
10 Oct 2025
Bench
Not available
Length
1,160 words

circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly one in the nature of writ 'of lrlandam us-d ecla ring A) 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, ccrV footage of Nekkonda police siation and filed false counter case against the petitioner No.1 as arbitrary, malafide, > ased, discriminatory, illegal and violative of Articles 14 and 21 of the Constitutiorr ff lndia. B) Directs the Respondents to properly to act upon and 'egister the offences disclosed in the complaint lodged by the petitioner No.2 )aled 31 .07.2025 by altering the sections to 109 of BNS and any other sectiors as applicable in FIR No.210 of 2025 as warranted by the medical reports, CCT'/ footage of Nekkonda police station strictly in accordance with the law. C) Direct the Respondents to conduct a free, fair, trar s parent and impartial investigation uninfluenced by Respondents 6 and 7 and tr: ensure justice to the victim/p etitio n e r No.1. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the )ircumstances stated in the affidavit filed in support of the petition, the High CoL.t may be pleased to give an order or direction to the Respondent no.1 to 3, to Jr cduce CCTV footage of Nekkonda police station dated 30.07.2025 folI rrifying factual and circumstantial evidence of the case- Counsel for the Petitioners: SRI RAMESH SHANIGARAM Counsel for the Respondents No.1 to 3: AGP FOR HOME Counsel for the Respondent Nos.4 & 5: - The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.3O727 of 2o25 ORDER: Heard learned counsel for the petitioncrs and learned Assistant Government picader for Home appearing for respondent Nos. 1 to 3. With their consent this writ petition is taken up for disposal at the aclmission stage itself. Notice to respondent Nos.4 and 5 is hereby dispensed with. 2 This u,rit petition is filed seeking follovving prayer:- "...declaring the inaction and biased cond.uct of the 3rd Respondent uho misused ofJicial position to shield to Respondents 4 and S faited. to alter the Seclions despite medical repofts and. CCTV footage of Nekkonda police station and fi.ted false counter case aqainst the petitioner No. 1 as arbitrary, matafid.e biased. disciminatory, illegal and uiolatiue of Articte s 14 ond 2 1 of the Constitution of India and direct the Respondents to properlg act upon and register the ofJences disclosed in the complaint tod.ged. bg petitioner No-2 dated 3i.O7.2O25 bg altering the Sectlons to 1 09 of BNS and any other sections as applicable in FIR No.210 of 2O25 as uarranted by the medical repofts CCTV footage of Nekkonda police station strictlq in accordance tuith the law and consequently direct th-e Respondents to conduct a free, impartial inuestigation fair, transparent and_ -/'' ). uninfluenced bg Respondbnts 6 and 7 antT to ensure justice to the uictim/ petitioner No.1 ...'

3. The facts of the case in brief as stated a:: that petitioner belongs to Schedulcd Tribe Community and wo:'. :ing as Contract Resource Teachcr (CRT) in Ashram Schook. Burugupeta ln Mulugu District. It is submitted that on 30.07.))25 at 5-6 pm., petitioner went to the Nekkonda Police Stat r n on the calls received from the police authorities. When the p titioner went to the police station, respondent Nos.4 and 5 who iL e present in the police station brutally attackcd the petitioner irr the presence of police personnel in the premises of Police statjcr The petitioner was admitted to the hospital and thereafter, p(:r itioner lodged a complaint before respondent No.3 and the r,:;pondent Police regrstered FIR No.210/2025 against responde-l, Nos.4 and 5 Subsequently, r,",hen the pctitioner r,vas shifted tc MGM Hospital, Warangal lor better treatment, the Doctors sug11 :sted surgery to the left leg and on 07.O8.2O25 petitioner got dis:.rarged from the hospital. The main grievance of the petitio r:r is that the respondent Police without conducting proper irL' estigation, filed FIR No.21O/2025 dated 31.O7.2025 only under iections 118(1), 351(2) read with Sectior-r 3(5) of BNS despite 1 ae said offence attracts Section 109 of BNS. Questioning the s,r ne, the present writ petition is filed. -)

4. Learned Assistant Government Pleader for Home has placed a copy of charge sheet in FIR No.21O/2O25 dated 31.07.2025 u,hich was filed belore Additionai Judicial Magistrate of F irst Class at Narsampet. It is submitted that on 2I .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 I 18(1), 35L(2) r /w Section 3(5) of BNS to Section 118(2), 35I(2) rlw Section 3(5) of BNS and the alteration memo has also been filed before the Court concerned.

5. In that vieu, of the matter, since the charge sheet has been filed with the applicable Sections, this writ petition is disposed of granting libert-y to the petitioner to pursue remedies as available under 1ar'v before thc Court concerned. i t Miscellaneous applications, if any pending, shall stand closed. No order as Lo costs. SD/. AHMED ABDULLA KHAN ASSISTANT REGISTRAR ,4\-,/ //TRUE COPY// SECTION OFFICER To The Secretary, Home Department, State of Telangana' Secretariat' Hyderabad, Telangana State The commissioner of Police, warangal Police commissionerate, warangal' The Station House Officer (SHO), Nekkonda PS' Warangal Police Commissionerate, Warangal. One CC to SRI RAMESH SHANIGARAM, Advocate [OPUC] : 1 2 J 4 tI I I

5. Two CCs to GP for Home, High Court for the S tate of Telangana at Hyderabad. [OUT]

6. Two CD Copies MP GJP I t IIGH COURT DATE: ):10/1012025 J' f .J l. t, I t IiB lt'iitj * I J: * ORDER WP.No.i 0727 of 2025 DISPOSING OF THE WIIIT PETITION WITIIOUT COSTS ,$

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