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Bombay High CourtWP/6526/2021disposed off

Rajendra Maruti Kamble v. Sr. Inspector Of Police And ORS

2022-10-17Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice Milind N. Jadhav2 pages

ssm 1 40-wp6526.21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.6526 OF 2021 Rajendra Maruti Kamble .....Petitioner Vs.

Sr. Inspector Of Police & Ors.

.....Respondents Mr. Prosper D'Souza appointed Advocate for the Petitioner. Mr. Ajay Patil APP, for the Respondent-State. CORAM : A. S. GADKARI AND MILIND N. JADHAV, JJ.

DATE : 17th OCTOBER, 2022.

P.C.:- Heard Mr. D'Souza, learned Advocate appointed to represent and espouse cause of the Petitioner.

2) It appears that, the Petition suffers from multifariousness of causes of action. The pleadings in the Petition is wholly incoherent. Record indicates that, the police have submitted "A Summary Report" in Crime No.128 of 2020 dated 12th July, 2020 registered with Azad Nagar Police Station, Mumbai and the Magistrate has accepted the same. 3) In the present Petition, one of the prayers of the Petitioner is, the said Summary Report be revoked. It is the settled position of law that, as soon as the accused is arrested and produced before the learned Magistrate, the 'A Summary Report' will automatically stand revoked and in 1/2

ssm 2 40-wp6526.21.doc any event, the learned Magistrate before whom the said Summary Report was filed, will have to pass appropriate Order in that behalf. 4) In view of above, nothing further survives in the Petition and is accordingly disposed off.

(MILIND N. JADHAV, J.) (A.S. GADKARI, J.) by SANJIV SHARNAPPA MASHALKAR Date:

2022.10.21 09:46:12 +0530 SANJIV SHARNAPPA MASHALKAR 2/2