HYDERABAD: Upholding the order by the XVII Additional Chief Metropolitan Magistrate in a hit-and-run case involving Mohammad Raheel Aamir, son of former MLA Mohammad Shakil Aamir, Justice K. Sujana of the Telangana High Court has permitted further investigation in case CC No. 3592 of 2022.
The court’s decision followed a thorough examination of the material facts. It noted that the respondents had filed a memo in the trial court requesting permission to conduct additional investigations, citing the absence of crucial evidence. The judge pointed out that since the trial had not yet commenced, allowing further investigation would not prejudice the accused. Citing Section 173(8) of the Cr.PC, the judge reiterated that the filing of a chargesheet does not prevent the police from conducting further inquiries.
Counsel for Raheel argued that the order violated legal principles outlined in Section 173(8), asserting that the case was at the witness examination stage, and that further investigations would constitute an abuse of process. Counsel also claimed that the police’s decision to modify the charge to one under Section 304(II) of the IPC was illegal and infringed upon Articles 14 and 21 of the Constitution.
In response, the Government Pleader (Home) defended the magistrate’s decision, stating that the order was lawful and justified. He referenced a counter-affidavit from the deputy commissioner of police, which highlighted shortcomings in the initial investigation and called for a dedicated team to reassess the case.
After reviewing both sides, the High Court found no illegality in the magistrate’s order and allowed the prosecution to continue with its investigation.