Ma Majid Bada Majid vs The State Of Telangana
2021 Latest Caselaw 4094 Tel

       THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                         AND
               THE HON'BLE SRI JUSTICE N. TUKARAMJI


                      WRIT APPEAL No.1376 of 2018


JUDGMENT:    (Per the Hon'ble the Chief Justice Satish Chandra Sharma)


       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.

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 The same was dismissed as withdrawn on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.

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 others1. The admission is declined.

The writ appeal is accordingly dismissed. The

miscellaneous applications pending in this writ appeal, if any,

shall stand closed. There shall be no order as to costs.

___________________________ SATISH CHANDRA SHARMA, CJ

___________________________ N. TUKARAMJI, J 02.12.2021 vs

(2017) 5 SCC 533