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2025 DAILYLAW 23911 (AP)

Nagisetty Sudarshan Reddy, v. The State of Andhra Pradesh,

WP/17153/2025 · 2025-07-10

Harinath N

body2025

Judgment text

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APHC010337812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17153/2025 Between: 1. NAGISETTY SUDARSHAN REDDY,, S/O. RAMAKRISHNA REDDY, AGED ABOUT 58 YEARS, PULLAMPETA TOWN AND MANDAL, ANNAMAYYA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE ADDL SUPERINTENDENT OF POLICE, RAJAMPETA, ANNAMAYYA DISTRICT. 3. THE STATION HOUSE OFFICER, PULLAMPETA, ANNAMAYYA DISTRICT. 4. G K VINOD KUMAR REDDY, R/O. RANGAMPALLI VILLAGE, PULLAMPET MANDAL, ANNAMAYYA DISTRICT. 5. G K NAVANEETH KUMAR REDDY, R/O. RANGAMPALLI VILLAGE, PULLAMPET MANDAL, ANNAMAYYA DISTRICT. 6. G K SAI KISHORE REDDY, R/O. RANGAMPALLI VILLAGE, PULLAMPET MANDAL, ANNAMAYYA DISTRICT. 2 7. G K MALLIKARJUN REDDY, R/O. RANGAMPALLI VILLAGE, PULLAMPET MANDAL, ANNAMAYYA DISTRICT. 8. SINGAMALLA REDDAIAH, R/O. RANGAMPALLI VILLAGE, PULLAMPET MANDAL, ANNAMAYYA DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue an order, direction, writ, more particularly Writ of Mandamus declaring the action of the Respondents 2 and 3 not including the Section 109 and other relevant sections against the Respondents 4 to 8 who attacked the petitioner with the rods and knife and attempted to murder the petitioner as illegal, arbitrary and consequently direct the Respondents 2 and 3 to include relevant sections basing on the complaint dated 08.06.2025 and 12.06.2025 IA 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 pleased to direct the Respondent 2 to consider my representation dated 12.06.2025 pending disposal of the above Writ Petition Counsel for the Petitioner: 1. K RAGHU VEER Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17153 of 2025 ORDER:- Heard learned counsel for the petitioner and learned Assistant Government Pleader appearing for the Home. 2. Learned counsel for the petitioner submits that the petitioner has filed a complaint against the accused and a case in Crime No.75 of 2025 was registered for the offences under Section 118 (1) r/w 3 (5) B.N.S. It is submitted that as the petitioner got blood injuries, he made a representation before the 2nd respondent to include Section 109 B.N.S. and other relevant sections against the respondents 4 to 8, however the police have not included the Section 109 B.N.S. 3. Learned Assistant Government Pleader appearing for the Home, on instructions, submits that the police have recorded the statements of 7 witnesses and the wounds received by the petitioner were also found to be simple in nature after the medical examination by the doctor of Andhra Pradesh Vaidya Vidhana Parishad. 4. Considering the facts and circumstances of the case, this Court is inclined to dispose of the Writ Petition at the stage of admission itself, leaving it open to the petitioner to file a protest petition after filing of charge sheet. 4 5. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Dt: 11.07.2025 sj 5 94 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17153 of 2025 Dt: 11.07.2025 sj