JUDGMENT

P. Sathasivam, J. —

1)Leave granted.

2)This appeal is directed against the final judgment and order dated 18.12.2008 passed by the High Court of Judicature at Bombay in Criminal Writ Petition No. 1437 of 2007 whereby the High Court directed the State of Maharashtra to handover the complaint of Farook Mohammed Kasim Mapkar-Respondent No. 1 herein dated 28.08.2006 to the Central Bureau of Investigation (in short ‘the CBI’), to register a case in respect of the incident dated 10.01.1993 near Hari Masjid, Mumbai, and to investigate the same.

3)After the demolition of Babri Masjid on 06.12.1992, communal riots occurred in various parts of the country including Mumbai. At the material time, Respondent No.2 was the PSI attached to R.A.K. Marg Police Station, Bombay. On 10.01.1993, Respondent No.2 and his staff, while on patrol duty, received a message from Wireless Control Room that a mob of 2000 to 2500 people armed with deadly weapons is resorting to rioting and arson near Hari Masjid, Sewree, Bombay. Respondent No. 2 rushed to the site and found that the mob had become violent and destroying vehicles and other properties and setting up fire at the slum colonies in the nearby areas