APHC010568342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 29760/2025 Between: 1. SABBAVARAPU SARAN KUMAR, S/O PAIDAM NAIDU, STUDENT AGED 19 YEARS, CASTE BY KOPPALA VELAMA R/O D.NO. 8-239, ATTAVANIPALEM, AGANAMPUDI, VISAKHAPATNAM DISTRICT, ANDHRA PRADESH. AADHARCARD NO. 7563 1841 5905. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, AMARAVATI. 2. 2. THE COMMISSIONER OF POLICE, VISAKHAPATNAM CITY. 3. 3. THE STATION HOUSE OFFICER, STEEL PLANT POLICE STATION, VISAKHAPATNAM. ...RESPONDENT(S): Counsel for the Petitioner: 1. APPA RAO KOTHURU Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... to Issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the 3rd respondent Station House Officer, Steel Plant Police Station, Visakhapatnam, in not adding the proper penal provisions of Kidnapping (Section 103 of the Bharatiya Nyaya Sanhita, 2023), Theft of Mobile Phone (Section 303 of BNS), and Attempt to Murder (Section 309 of BNS) in FIR No.33/2025 dated 07.05.2025, as illegal, arbitrary, unjust, and violative of Articles, 14 and 21 of the Constitution of India, and contrary to the settled principles governing criminal investigation (b) consequently direct the 2nd and 3rd respondents to forthwith alter and include the appropriate penal provisions in FIR No. 33/2025 of Steel Plant Police Station, Visakhapatnam, in accordance with law, and to conduct a fair, 2 proper, and expeditious investigation into the offences of kidnapping, mobile theft, and attempt to murder committed against the petitioner (c) direct the 1 st respondent Director General of Police, Andhra Pradesh, to entrust the investigation to a senior officer not below the rank of Deputy Superintendent of Police, or to any independent agency such as the Crime Investigation Department (CID), to ensure impartiality and fairness in the investigation (d) direct the respondents to provide adequate police protection to the petitioner and his family members in view of the continued threats and intimidation by the accused persons (e) direct the 3rd respondent to file a status report before this Honble Court on the progress of investigation and the steps taken pursuant to this Honble Courts directions within a time bound period and (f) pass” 2. Heard Sri K.Appa Rao, learned counsel for the petitioner and Sri Md.Farooq, learned Assistant Government Pleader for Home. 3. Learned Assistant Government Pleader for Home would submit that they have altered the section of law from Section 118(1) BNS to Section 118(2) BNS. Learned Assistant Government Pleader would further submit that, according to their investigation, none of the witnesses spoke about the theft of the mobile phone or the alleged kidnapping; therefore, the concerned sections were not added as demanded by the complainant. Learned Assistant Government Pleader would further submit that the investigation is still pending and appropriate orders may be passed. 4. Learned counsel for the petitioner vehemently opposed the submissions, stating that the petitioner was unconscious for a period of eight days and that the parents are not taking proper care of the investigation in this matter. 3 5. Considering the submissions made, since the investigation is pending before the police, the police are directed to look into the grievance of the petitioner and examine the contents of the complaint during the course of the investigation and file a report according to law as expeditiously as possible. 6. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:07.11.2025 Asr 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.29760 of 2025 Dt.07.11.2025 Asr