ORDER : Anil Kumar Jukanti, J. This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short ‘BNSS’) by petitioner/accused to quash the proceedings against him in FIR No.174 of 2024 of Aswaraopet Police Station, Bhadradri Kothagudem District. The offences alleged against petitioner are under Sections 296(b), 118(1) and 351(2) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) and subsequently alteration of Section of law to 296(b), 118(2) and 351(2) of BNS. 2. Heard Mr. R.R.Kalyan, learned counsel for the petitioner and Ms. S. Madhavi, learned Assistant Public Prosecutor for the respondent – State. Perused the material on record. 3. FIR came to be registered on 11.07.2024 vide FIR No.174 of 2024 under Sections 296(b), 118(1) and 351(2) of BNS. It is alleged in the complaint that respondent No.2 on 10.06.2024 at around 08.30 P.M., reached Gram Panchayat building and saw a crowd there. That respondent No.2 saw a few persons fighting, and asked why they were fighting, that then accused/petitioner took a stick and hit respondent No.2 twice on the hand by abusing in filthy language. Hence, complaint for necessary action. 4. Learned counsel for petitioner submits that respondent No.2 keeping previous enimity in mind lodged a complaint and by using influence got the section altered to avoid 41-A notice. It is further submitted that very reading of complaint would not project that petitioner had any intention to hurt respondent No.2. 5. Learned counsel invited the attention of this Court to the medical report issued by Medical Officer, community health centre on 10.07.2024. It is further submitted that a false and frivolous complaint was lodged and that alteration memo filed changing the section is only to harass the petitioner. 6. Learned Assistant Public Prosecutor submits that Section 118(1) of BNS is altered to 118(2) of BNS and that imprisonment under Section 118(2) of BNS may extend to 10 years. It is further submitted that as per the medical examination by the doctor, injury is grievous in nature, hence, no interference necessitated and the investigation be permitted to go on. 7. Heard learned counsels and perused the record. 8.
It is further submitted that as per the medical examination by the doctor, injury is grievous in nature, hence, no interference necessitated and the investigation be permitted to go on. 7. Heard learned counsels and perused the record. 8. Complaint is dated 11.07.2024, 05.00 P.M., incident is said to have taken place on 10.06.2024 at 08.30 P.M. Allegation in the complaint, is that respondent No.2 reached the Gram Panchayat building that there was a crowd and a quarrel was going on and when he questioned the petitioner/accused why they were quarreling, that petitioner/accused beaten the complainant with stick 2 times. It is observed from the record that there is delay in filing of complaint. The complaint is lodged on 11.07.2024 at 05.00 P.M. It is observed from the medical examination certificates dated 10.07.2024 annexed at Page Nos.15 and 16 of the material papers that respondent No.2 was injured and the said injuries were caused with the help of stick and that they were grievous in nature and that injuries as follows. Nature of Injury Size of Injury Grevious 2x2 cm laceration present over the dorsal aspect of right hand Right 2nd metatarsal fracture At Page No.16 is the medical certificate of one A.Prabakar Rao and injuries as follows: Nature of Injury Size of Injury Blunt Injury 0.5 Cm (W) & 10 cm., (L) 5cmxEm 2cm(W) 5cm (L) Both the certificates are dated 10.07.2024. 9. On perusal of the entire record, it is observed that on the day of incident respondent No.2 had taken treatment in the hospital i.e., 10.07.2024 at around 10.00 P.M. It is not explained as to why the complaint was lodged with delay on 11.07.2024 in the evening at 05.00 P.M. The object used for causing injury is a stick. Another person A.Prabakar Rao was also injured, he was also treated at 09.20 P.M. as reflected at Page No.16. The injury is not grievous in nature, no fatal injuries are noted, except a 2x2 cm laceration and a metatarsal fracture. 10. Be that as it may, the case is in the investigation stage only. This Court deems it appropriate to dispose of this criminal petition by directing petitioner to cooperate with the investigation conducted by the police and appear before the Investigating Officer. Petitioner shall not be arrested, nor any coercive steps to be initiated against petitioner. 11.
10. Be that as it may, the case is in the investigation stage only. This Court deems it appropriate to dispose of this criminal petition by directing petitioner to cooperate with the investigation conducted by the police and appear before the Investigating Officer. Petitioner shall not be arrested, nor any coercive steps to be initiated against petitioner. 11. It is made clear that petitioner shall be present before the Investigating Officer, if his presence is necessary for the purpose of investigation. It is also made clear that if he does not present himself before the Investigating Officer, as required, this order shall stand vacated automatically. Any observation made in this order shall not influence the Court while considering or conducting the case at the time of trial. 12. With the above observations, this Criminal Petition is disposed of. Miscellaneous applications pending, if any, shall stand closed.