APHC010258912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 15508/2025 Between: 1. SHAIK JAVID HUSSAIN, S/O LATE ABDUL SALEEM, AGED ABOUT 33 YEARS, OCC. PRIVATE EMPLOYEE R/O. H. NO.7/420/B, NEHRU BAZAR, CUMBUM ROAD, MARKAPUR, PRAKASAM DISTRICT. . ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, . REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, AP. 2. THE SUPERINTENDENT OF POLICE, NANDYAL DISTRICT,NANDYAL 3. THE STATION HOUSE OFFICER, II TOWN POLICE STATION, NANDYAL TOWN AND DISTRICT, ERSTWHILE KURNOOL DISTRICT. 4. K RAJA REDDY, S/O NOT KNOWN TO THE PETITIONER, AGED ABOUT 35, OCC. SUB INSPECTOR OF POLICE/INVESTIGATION OFFICER C/O II TOWN POLICE STATION, NANDYAL TOWN, NANDYAL TOWN AND DISTRICT, ERSTWHILE KURNOOL DISTRICT. 5. SHAIK NISAR AHMED, S/O SHAIK NAZEER, AGED ABOUT 29 YEARS, OCC. BUSINESS R/O. H. NO. 25/414-C, SALEEM NAGAR NANDYALA TOWN AND DISTRICT, ERSTWHILE KURNOOL DISTRICT. Page 2 of 6 6. SHAIK MOHAMMAD YOUNUS, S/O SHAIK NABI RASOOL, AGED ABOUT 29 YEARS, OCC. BUSINESS R/O. H. NO. 25/437-A-4, SALEEM NAGAR NANDYALA TOWN AND DISTRICT, ERST KURNOOL DISTRICT. 7. SHAIK JAHANGIR BASHA, S/O SHAIK MAHABOOB SAHEB, AGED ABOUT 48 YEARS, OCC. BUSINESS R/O. H. NO. 7-100, VENKATESWARAPURAM NANDYALA TOWN AND DISTRICT, ERSTWHILE KURNOOL DISTRICT. 8. SHAIK BASHEER, S/O SHAIK MABU SAHEB, AGED ABOUT 47 YEARS, OCC. BUSINESS R/O. H. NO. 3-86, VENKATESWARAPURAM NANDYALA TOWN AND DISTRICT, ERSTWHILE KURNOOL DISTRICT. 9. SHAIK JILAN BASHA, S/O SHAIK MABUSA, AGED ABOUT 43 YEARS, OCC. BUSINESS R/O. H. NO. 16-37 A , RAJAKUNTA STREET NANDYALA TOWN AND DISTRICT, ERSTWHILE KURNOOL 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 a writ, order or direction more particularly one in the nature of a writ of mandamus directing the Respondent No. 2 to conduct fresh investigation/de-novo investigation in FIR No. 226 of 2023, registered at Nandyala II Town Police Station, Nandyala by setting aside the Charge sheet vide CC No. 48/2024 in FIR No. 226/2023 by altering the sections based on Doctor's committee report and transfer the investigation to any other Investigation officer under the Supervision and Control of Respondent No.2, or direct the Respondent No. 2 to conduct reinvestigation/de novo investigation in FIR No. 226/2023 on the file Nandyala II Town Police Station, Nandyala and take necessary steps pursuant to the above said crime and also with a consequential direction to carry out speedy and expeditious investigation 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 2nd trspondent conduct fresh investigation/de-novo investigation in FIR No. 226 of 2023, registered at Nandyala II Town Police Station, Nandyala by setting aside the Charge sheet vide CC No. 48/2024 in FIR No 226/2023 and transfer the investigation to any other Investigation officer under the Supervision and Control of Respondent No.2, or direct the Respondent No. 2 to conduct reinvestigation/de-novo investigation in FIR No, 226/2023 on the file Nandyala II Town Police Station, Nandyala Counsel for the Petitioner: 1. KOTHA LEELA GANESH RAGHAVENDRA Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 15508 of 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue a writ, order or direction more particularly one in the nature of a writ of mandamus directing the Respondent No. 2 to conduct fresh investigation/de-novo investigation in FIR No. 226 of 2023, registered at Nandyala II Town Police Station, Nandyala by setting aside the Charge sheet vide CC No. 48/2024 in FIR No. 226/2023 by altering the sections based on Doctor's committee report and transfer the investigation to any other Investigation officer under the Supervision and Control of Respondent No.2, or direct the Respondent No. 2 to conduct reinvestigation/de novo investigation in FIR No. 226/2023 on the file Nandyala II Town Police Station, Nandyala and take necessary steps pursuant to the above said crime and also with a consequential direction to carry out speedy and expeditious investigation and be pleased to pass.…” 2. Heard Sri K.L. Ganesh Raghavendra, learned counsel for the petitioners and Sri V. Farook, learned Assistant Government Pleader for Home for the respondents. 3. Learned Assistant Government Pleader submitted the instructions of Inspector of Police, II Town U.P.S, Nandyal, wherein it was mentioned as follows: “Further the complainant Shaik Javeed Hussain approached the Additional DME/ Superintendent, Government General Hospital, Nandyal with a request to conduct re-examination and issue necessary wound certificate. In this regard the Additional DME/ Superintendent deputed enquiry committee with team of doctors and issued proceedings vide Rc.No.5230/E1/2024 dated 08.01.2025. Accordingly the enquiry committee members conducted enquiry and issued revised wound certificate and opined that Any injury present on the scalp & face is Grievous injury under the 8 clauses are present. After the receipt of revised wound certificate, a requisition is being filed in the court of Honourable JFCM Nandyal to add section 326 of IPC to he existing sections of 324, 355, 509 R/w 34 IPC.” 4. Learned counsel for the petitioner would submit recording the same, the petition may be disposed of. 5. Recording the submissions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 09.12.2025. TVN HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.15508 of 2025 Dated.09.12.2025 TVN 99