Mohammed Mustafa Ahmed, v. State Of Telangana,

THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR WRIT PETITION No.21585 OF 2017 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking to issue a writ of Mandamus to declare the action of respondent Nos.2 to 4 in not considering the petitioner's representation, dated 10.06.2017, made for alteration of section of law adding Sections 307 and 120-B I.P.C. also to the existing sections of law in Crime No.110 of 2017 of Reinbazar Police Station, Hyderabad as illegal and violation of Article 14 of the Constitution of India and consequently, direct respondent Nos.2 to 4 to conduct a fair and thorough investigation into the above crime.

2.

Learned counsel for the petitioner submits that the petitioner sustained grievous injuries on his head, mouth and other parts of the body and photos and medical certificates, which are placed before this Court, indicate to that extent. But in spite of the same, the police registered the aforementioned crime for the offences under Sections 324, 341 and 506 read with 34 I.P.C. only. 3.

Learned Government Pleader for Home (Telangana) would submit that the aforesaid case was registered only on 27.05.2017 and that during the course of investigation, the police may change or alter the section of law.

4.

Having regard to the statements made across the Bar by both the counsel, the police shall proceed with the investigation by recording the statements of the injured and if the statements of the witnesses and the material on record disclose commission of the

offence under Sections 307 and 120-B I.P.C., the police shall take steps to alter the sections in accordance with law. 5.

Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

6.

Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

_______________________________ JUSTICE C.PRAVEEN KUMAR Date: 6.7.2017 AMD

THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR WRIT PETITION No.21585 OF 2017 DATE: 6.7.2017 AMD