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Judgment
Leave granted. Heard the learned Counsel for the parties and perused the record. This appeal is disposed of in terms of our order of this date passed in State of A.P. v. Younus Bin Omer Yafail (2013)1 SCC 375.
It has been pointed out by the learned Counsel for the parties that the High Court while dealing with the bail application has passed the following order:
(2) The Station House Officer, Central Crime Station, Hyderabad, is directed to register a case/crime under appropriate sections of law and against all the persons concerned on the incident of police gunmen opening fire against the accused party in this case after recording statement of the Petitioner, A-5 or after receiving written report given by him and to investigate into the same as per law; and
(3) Directing the Government of Andhra Pradesh to initiate Magisterial enquiry into the incident relating to opening of fire by the police gunmen attached to the MLA of Malakpet Constituency causing death of A-4 and causing bullet injuries to A-3 and A-5, and after receiving report of the Magistrate to take steps according to law.
In the facts and circumstances of the case and after hearing Mr. Harin Raval, learned Additional Solicitor General and Mr. Altaf Ahmed, learned Senior Counsel for the Respondents and having gone through the impugned judgment and order dated 21-7-2011, we are of the view that it was not permissible for the High Court to issue the aforesaid directions contained in paras 2 and 3 while dealing with the bail application. This kind of direction could be issued only while dealing with the petition filed under Articles 226 /227 of the Constitution of India or u/s 482 of the Code of Criminal Procedure.
In view of the above, with the aforesaid directions, the impugned judgment and order of the High Court is set aside. Needless to say that any consequential order passed/FIR lodged, if any, shall stand washed off and would remain inconsequential.
However, it shall be open to the applicants to approach the appropriate forum for seeking appropriate directions/remedy in accordance with law. With these observations, the appeal stands disposed of.
Criminal Appeal No. 538 of 2012 [arising out of SLP (Crl.) No. 9001 of 2011]
Leave granted. Heard the learned Counsel for the parties. This appeal is disposed of in terms of our order of this date passed in State of A.P. v. Younus Bin Omer Yafail (2013) 1 SCC 375.