LAWS(APH)-2002-4-57

M A RAOOF Vs. A P HIGH COURT

Decided On April 09, 2002
M.A.RAOOF Appellant
V/S
A.P.HIGH COURT, THROUGH ITS REGISTRAR GENERAL Respondents

JUDGEMENT

(1.) The writ petition was filed by one Sri M.A. Raoof represented by Sri Mohd. Osman Shaheed, Advocate for a mandamus declaring the impugned order passed by the High Court of Andhra Pradesh vide Roc. No.3239/El/2000 dated 7-3-2002 as contrary to law and consequently to set aside the same.

(2.) It is averred in the writ petition that the police of P.S., Moghalpura, Hyderabad has registered a case against the petitioner and others under Section 307 of Indian Penal Code read with Sections 7 and 8 of the Explosives Substance Act vide Crime No.1 of 2000 and has laid charge-sheet against the petitioner and other accused and the case was registered S.C. No.382 of 2000. The said case is pending on the file of Additional Metropolitan Sessions Judge for the trial of Jubilee Hills Car Bomb Blast Cases-cum Additional Family Court, Hyderabad. It is submitted that the prosecution has already examined almost all the witnesses and the trial is about to be concluded soon. Likewise, a case was registered by the Police of Crime Investigation Department, Hyderabad under Section 153-A read with 120-B of Indian Penal Code vide Crime No.39 of 2000, which was subsequently registered as C.C. No.1 of 2001 after the charge-sheet was laid. The said case is-now pending on the file of the above said Court, even though, according to the petitioner, it is triable by the Court of Magistrate of First Class. While so, the petitioner's advocate received a copy of the impugned order passed by the Registrar Vigilance of this court, which runs thus:

(3.) The said order dated 7-3-2002 is challenged on the following grounds: