Extracted from the PDF above. The PDF is authoritative.
APHC010032832026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY,THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 2046/2026 Between:
1.SRI RAMA VENKATA GOPI,, S/O SRIRAMA VENKATA KRISHNAIAH, AGED ABOUT 34 YEARS OCCUPATION SCIENTIFIC ASSISTANT, IMD BEGUMPET R/O QUARTER NO.M-25, MET QUARTERS, AIRPORT COLONY, BEGUMPET AIRPORT, BEGUMPET, HYDERABAD, TELANGANA, 50016 2.POLA HASINI, W/O SRI RAMA VENKATA GOPI, AGED ABOUT 19 YEARS, R/O QUARTER NO.M-25, MET QUARTERS, AIRPORT COLONY, BEGUMPET AIRPORT, BEGUMPET, HYDERABAD, TELANGANA, 50016 ...PETITIONER(S) AND 1.STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH - 522237 2.THE COMMISSIONER OF POLICE, NTR POLICE COMMISSIONERATE, NTR DISTRICT, ANDHRA PRADESH - 520002 3.THE STATION HOUSE OFFICER, NANDIGAMA POLICE STATION, NTR DISTRICT, ANDHRA PRADESH - 521185 ...RESPONDENT(S): Counsel for the Petitioner(S):
1.N BHARATH SIMHA REDDY
2 Counsel for the Respondent(S):
1.GP FOR HOME The Court made the following:
ORDER: The Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief:
“… to issue to issue an appropriate writ or order or direction more particularly a writ in the nature of a Mandamus declaring the a inaction of the Respondents in giving immediate police protection to the Petitioners who are victims in FIR No 19/2026 dated 20 1 2026 on the file of Nandigama Police Station NTR District wherein relatives of 2nd Petitioner trespassed to the house of the 1st Petitioner by breaking door and attempted to murder by attacking with Paper Cutter Blade on the neck causing multiple deep cuts on right side of neck very near to cervical plexus and cervical nexus nerve and due to the said inaction by Respondents who set the all four Accused free on the same day the same accused without any remorse again attacked and attempted to murder the 1st Petitioner in hospital bed on 21 1 2026 as illegal arbitrary violative of Article 14 19 and 21 of Constitution of India and consequently direct the Respondents to give immediate police protection to the Petitioners as Petitioners are apprehending immediate threat to life from the accused in FIR No 19/2026 dated 20 1 2026 on the file of Nandigama Police Station NTR District and b action of the 3rd Respondent in registering FIR No 19/2026 dated 20 1 2026 on the file of Nandigama Police Station NTR District u/s 1181 1152 r/w 35 when the offence covered under Section 109 is clearly attracted as the Accused trespassed into house of the 1st Petitioner by breaking door and attempted to murder by attacking with Paper Cutter Blade on the neck causing multiple deep cuts on right side of neck very near to cervical plexus and cervical nexus nerve as illegal dereliction of duty arbitrary violative of Article 14 19 and 21 of Constitution of India and consequently direct the 3rd Respondent to do proper investigation by adding the offence under Section 109 and arrest the Accused Persons…”
2. Sri N.Bharath Simha Reddy, learned Counsel appearing for the Petitioners, submits that the wife of the Petitioner along with her relatives brutally attacked the Petitioner with deadly weapons and attempted to take away his life.
However, despite the gravity of the allegations, the police registered the case as F.I.R.No.19 of 2026 on the file of Nandigama Police Station only for the offences punishable under Sections 118(1), 115(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘the BNS’). It is contended that the offence of attempt to murder has not been invoked,
3 though the attack was carried out with the clear intention to kill the Petitioner.
Learned Counsel for the Petitioners further submits that the investigation is being conducted in a biased and unfair manner.
3. On the other hand, Sri P.Ajay Babu, learned Assistant Government Pleader, upon written instructions, submits that immediately after receipt of the complaint from the Petitioner, a case was registered under Sections 118(1), 115(2) read with Section 3(5) of ‘the BNS.’ The investigation is presently at a nascent stage. It is further submitted that if, in the course of investigation, it is revealed that the wife’s relatives have committed any graver offence, the police shall take stringent action against them. Learned Assistant Government Pleader also brings to the notice of this Court that, on the complaint lodged by the mother of the wife of the Petitioner, another case in Crime No.18 of 2026 was registered for the offences punishable under Section 118(1) of ‘the BNS.’
4. Be that as it may, this Court is of the opinion that the Petitioner must await the completion of investigation by the Investigating Officer. The case was registered only on 20.01.2026, and merely ten days have elapsed since then. At this stage, interference by this Court is not warranted.
5. Considering the facts and circumstances of the case, the Writ Petition is
disposed of, with a direction to Respondent No.3 to complete the investigation in a fair, effective, and impartial manner. However liberty is given to the Petitioner to approach the learned Jurisdictional Magistrate if he is aggrieved by the contents of the charge sheet upon its filing.
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6.
Learned Counsel for the Petitioner further submits that subsequent to the registration of the case, the Petitioner was again attacked while undergoing treatment in the hospital. Taking note of this submission, this Court directs the Investigating Officer to take necessary steps to ensure protection of the life and limb of the Petitioner.
7. With the above observations and directions, the Writ Petition is
disposed of. There shall be no order as to costs. As a sequel, interlocutory applications, if any pending, shall stand closed. _________________________ Dr. Y. LAKSHMANA RAO, J Dated:03.02.2026 VTS