Syed Jabeer Ahmed v. The State of Telangana

6. The Sub lnspect of Police, Mr. B. Ramakrishna, Bahadurpura Police Station, Bahadurpura, Hyderabad. - jt...nespot,tDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate, Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent No.S and 6 in not conducting fair and impartial investigation in Crime No.219 of 2025 dated 1411012025 for the offence u/s 118 (1) r/w 3 (5) of BNS which was altered to u/s 109, 61 (2) (a) of BNS is in gross violation of the fundamental rights guaranteed under Articles 14, 19, and 21 of the Constitution of lndia, especially when the Accused belong to Banned Terrorist Organization (SlMl) in Nanded and consequently direct the respondents especially respondent No.5 to investigate into Crime No.219 of 2025 dated 1411012O25. 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 Respondent Nos.5 and 6 to cause arrest of the accused who are at large by considering the representation dated 30-10-2025 made before the respondents 2 to 5, investigate into Crime No.2'19 of 2025 dated 14-10-2025, pending disposal of the above Writ Petition. I Counsel for the Petiticner: SRI MD RAFIUDDIN KALEEM Counsel for the Respondents: AGP FOR HOME The Court made the following: ORDER t ;1 --- THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR W"RIT PETITION No.33571 of 2O25 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for respondent Nos. 1 to 6. With their consent, this writ petition is being taken up for disposai.

2. This writ petition is filed questioning the action of the respondent Nos.5 and 6 in not conducting fair and impartial investigation in Crime No.2 i9 of 2O25 dated 14.1O.2025 for the offences under Sections I 1 8 (1) read with 3 (5) of BNS which was altered to Section 109, 61 (2) (a) of BNS is in gross violation of the fundamental rights guaranteed under Articles 14, 19 and 21 of the Constitution of India, especially when the accused belong to Banned Terrorist Organization (SIMI) in Nanded and with a consequential prayer to direct the respondents especially respondent No.5 to investigate into Crime No.2 1 9 of 2025 dated 74 .1O.2O25.

3. Learned Assistant Government Pleader appearing for Home has placed the written instructions submitted by Sub-lnspqctor of Police, Bahadurpura Police Station wherein it is submitted that petitioner is running a garment shop near Majestic Hospital, Kishanbagh and on

13.1O.2025 at around 02:O0 Pm while he was sitting at the counter in his shop, two unknown masked persons entered pretending to be customers and attacked the petitioner who sustained bleeding injury I I 2 on his head an fore arm. Immediately, his nephews shifted him to hospital and owing to his medical condition, the petitioner could not approach the Bahadurpura Police Station immediately. However, on I

14.10.2025, petitioner went to the police station and lodged the complaint and requested to take necessary legal action. On receipt of the complaint, Sri M.D. Shakeer Ali, Inspector of Police registered a case in Crime No.291 of 2025 under Sections 118 (1) read with 3 (5) BNS of P.S. Bahadurpura, Hyderabad and handed over the case hle to S.l of Police for further investigation. During the course of investigation, the investigating officer secured the presence of the complaint and recorded his detailed statement and his statement corroborated the contents of the F.l.R. Later, investigating officer visited the scene of offence and in the presence of two mediators conducted the scene of observation, panchanama and secured the presence of four more witnesses and recordcd their statements. While the investigation was in progress, apprehended the Cccused persons on 79.1O.2025, the investigating officer apprehended A-1 Syed Layeeq Hussain @ Layeeq; A-2 Mohammad Abdul Aleem @ Mansoor and A-3 Mohd. Fazil @ Fazil and interrogated them and as per their confessional statements, the section of law was aite.ed from Section 118 (1) read with 3 (5) of BNS to Sections 1O9, 61 (2) (a) read with 3 (5) of BNS. Thereafter, A-1 to A-3 were produced before the Court of Hon'ble Speci:rl Judicial First Class Magistrate at Gandhi Bhavan, Hyderabad and the learned Magistrate remanded I hem to judicial custody. It is further submitted that A-4 by name Amar and other a './ 7, J accused are absconding and the case is under investigation. Considering the complaint, F.l.R was registered and subsequently, based on the statements of witnesses and confessional statements of the arrested accused section of law was altered to Sections lO9,6l (21 Of BNS.

4. Learned counsel for the petitioner submits that subsequently another complaint was made on 3O.1O.2O25 against one Jabeen Mirza, Syed Layeq Hussain, Mohammed Abdul Aleem @ Mansoor, Mohammed Fazil, Amer and others for attempting to murder and trying to kill the petitioner with a criminal conspiracy and requested to take necessary action.

5. Leained Assistant Government Pleader for Home submits that basing on the earlier complaint dated 14. 10.2025 a case in Crime No.291 of 2025 has been registered. It is submitted that complaint dated 3O.10.2O25 has not been considercd but, the san& would be considered and appropriate action would be taken for registration of F.l.R., by following due procedure as contemplated under law.

6. In that view of the matter, this writ petition is disposed of with consent directing the respondent authorities to take up investigation in Crime No.29l of 2025 of P.S. Bahadurpura by strictly following the due procedure as contemplated under law. The respondent authorities are directed to consider the complaint of the petitioner dated 30.10.2O25 and take appropriate action within a period of (O2) I 4 weeks from the date of receipt of copy of this order, by strictly following due procedure as contemplated under lau,. With thcse observations, this writ petition is ciisposed of with consent. \ Miscellaneous applications, if any pending, shall stand closed. No order as to costs. //TRUE COPY// SD/. U.SUDHA TANT REGISTRAR ASS SECTION OFFICER To,

1. The Principal Secretary, Home Department, Dr. B.R. Ambedkar Telangana Secretariat, Saifabad, The State of Telangana, Hyderabad -500022. 2. The Commissioner of Police, Hyderabad City Police, Basheerbagh, Hyderabad - 500029.

3. The Deputy Commissioner of Police, South Zone, Hyderabad City Police Commissionerate, Mehdipatnam, Hyderabad.

4. The Assistant Commissioner of Police, Falaknuma Division, Falaknuma, Hyderabad.

5. The Station House Officer, Bahadurpura Police Station, Bahadurpura, Hyderabad.

6. The Sub lnspect of Police, Mr. B. Ramakrishna, Bahadurpura Police Station, Bahadurpura, Hyderabad. I 7. One CC to Sri MD. Rafiuddin Kaleem, Advocate [OPUC] B. Two CCs to GP for Home, High Court for the State of Telangana, at Hyderabad [OUT]

9. Two CD Copies w / HIGH COURT CC TODAY DATED:1 111112025 ORDER WP.No.33571 of 2025 r) i) 21 l{oI 216 -l' '&q=,:lz ,N z\l c)), DISPOSING OF THE WRIT PETITION WITHOUT COSTS J