APHC010061812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 3339/2025 Between: TUMILLI GOPALA KRISHNA, S/O KOTESWAR RAO AGED ABOUT 35YRS, OCC AGRICULTURE R/O H.NO.6-120, SURAMPALLI VILLAGE GANNAVARAM MANDAL KRISHNA DISTRICT ...PETITIONER AND 1. THE STATION HOUSE OFFICER, GANNAVARAM URBAN POLICE STATION GANNAVARAM, KRISHNA DISTRICT 2. THE SUPERINTENDENT OF POLICE, MACHILIPATNAM, KRISHNA DISTRICT 3. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 4. CHIMATA VENKATESWAR RAO, S/O NOT KNOWN TO THE PETITIONER R/O SURAMPALLI VILLAGE, GANNAVARAM MANDAL KRISHNA DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 1. P NAGENDRA REDDY 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: “.... a Writ of Mandamus to declare to declare the action of respondent No.1 in not adding the section of Law for the offence under Sec.109 BNS in FIR No.305/2024 and proceed with the investigation in accordance with law even inspite of the contents of the complaint coupled with wound certificate clearly disclose the intention of the accused in commission of offence of attempt to 2 murder as arbitrary, illegal and violation of the Articles 14 and 21 of the Constitution of India and consequently direct the respondent No.1 to amend the section of Law in FIR No.305/2024 by adding Sec. 109 BNS and proceed with the investigation in accordance with law in the interest of justice.” 2. Sri V.Farooq, learned Assistant Government Pleader for Home, on written instructions, would submit that, Police had taken up investigation in Crime No.305 of 2024 and after completion of in the investigation, filed charge sheet before the Court of VII Additional Judicial Magistrate of First Class, Gannavaram vide C.F.No.421 of 2025 dated 04.02.2025. 3. Sri P.Nagendra Reddy, learned counsel for the Petitioner would submit, recording the same, the petition may be disposed of. 4. Considering the submissions made, 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:10.09.2025 Dinesh 3 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.3339 of 2025 Dt.10.09.2025 Dinesh