( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 797 OF 2009 Bhaskar Dongar Chirmade PETITIONER VERSUS The State of Maharashtra & others RESPONDENTS ..... Mr. Naseem R. Shaikh, advocate for the petitioner. Mrs. A.V. Gondhalekar, APP for the respondent/State. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 4th September, 2009] PER COURT : 1. Heard. 2. The petitioner is tenant of a house premises which allegedly were trespassed in his absence and lateron, the structure itself was razed by the landlords, who are real brothers interse. On his complaint, the police registered crime No. 337/2008 and carried out investigation. Thereafter, both the brothers (landlords) came to be chargesheeted. The offence registered is one under section 448 and 323 of ( 2 ) the I.P. Code. The case bearing S.C.C. No. 458/2009 is pending before the learned Judicial Magistrate. The contention of the petitioner is that there are other accused persons who ought to have been arrayed in the chargesheet as accused and they are the present respondents No. 3 to 8. The petitioner prays as follows : “(a) That application may kindly be allowed and C.R. No. 337/2008 pending before Hon’ble C.J.M. Jalgaon, may kindly be further investigated by any other agency other than respondent No. 2. (b) Respondent No. 5 to 8 be directed to (be) added as accused in C.R. No. 337/2008, before Hon’ble C.J.M. Jalgaon.” 3. In “Ramchandran v. R. Udayakumar and others” (2008 AIR SCW 5469), the Apex Court held that once the investigation is completed and chargesheet is filed, no further investigation can be directed. The Apex Court in “Sakiri Vasu v. State of Uttar Pradesh and ( 3 ) others” (2008) 2 SCC 409, clarified the legal position in this behalf. The settled legal position is that further investigation can be directed only under section 173 (8) of the Criminal Procedure Code. It is pointed out by learned advocate Mr. Shaikh that the civil Court is already moved. The civil Court may consider grant of interim compensation to the petitioner as per section 94 of the Civil Procedure Code. In this view of the matter, the petition is not maintainable. Still, however, the petitioner is at liberty to seek addition of the accused persons under section 319 of the Criminal Procedure Code during course of the trial if some material is brought on surface of the record against them. The petition is accordingly dismissed. [ V.R. KINGAONKAR ] JUDGE NPJ/criwp797-09