MA MAJID BADA MAJID Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The present writ appeal is arising out of the order dated 05.09.2018 passed by the learned Single Judge in W.P.No.30294 of 2018.

(2.) The facts of the case reveal that based upon the complaint submitted by the Superintendent of Police, Adilabad, in connection with communal clashes which took place on 10.10.2008 near Panjesha Mosque, Bhainsa Town, Adilabad District, a criminal case was registered in Crime No.126 of 2008 under Sections 147, 148, 448, 302, 307, 324, 435, 436, 427, 332, 153(A) read with 149 of IPC and Section 7(1) of Criminal Law Amendment Act against the appellants/writ petitioners. In the said incident, three people also died and after conducting investigation, a charge sheet was filed before the learned Judicial First Class Magistrate, Adilabad. The case was committed for trial and registered as S.C.No.102 of 2012 and the appellants preferred Crl.M.P.No.394 of 2016 in S.C.No.102 of 2012 on the file of the learned I Additional District and Sessions Judge, Adilabad, under Section 173(8) of Cr.P.C for a direction to the Police to submit an additional or supplementary charge sheet or report by making impartial investigation in respect of Crime No.126 of 2008 by the Central Investigation Agency. The trial Court has dismissed the petition by an order dated 11.07.2018 and being aggrieved by the order of the trial Court dated 11.07.2018, Crl.R.C.No.1971 of 2018 was filed before this Court. The same was dismissed as withdrawn on 05.09.2018.

(3.) In the present case also the order dated 11.07.2018 is under challenge. Meaning thereby, the order rejecting the prayer to submit additional or supplementary charge sheet by making further investigation is under challenge. In the considered opinion of this Court, as it was a petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C, no writ appeal is maintainable in the light of the judgment delivered in the case of Ram Kishan Fauji v. State of Haryana and others (2017) 5 SCC 533 . The admission is declined.