Manish Ramesh Kulkarni v. The State Of Maharashtra And ANR

apl-641.15.odt pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.641 OF 2015 Manish Ramesh Kulkarni ... Applicant Vs.

The State of Maharashtra and Anr.

... Respondents Mr. Jayant Bardeskar i/by Mr. Hrishikesh Mundargi for the Applicant. Ms. M.H. Mhatre, APP for the Respondent No.1. Mr. Aniket U. Nikam for the Respondent No.2.

CORAM : A.S. OKA & A.A. SAYED, JJ.

DATE : 20th OCTOBER, 2016 P.C.

The learned APP has placed on record report dated 20th October, 2016 filed by the Assistant Police Inspector of the Kothrud Police Station. The report records that higher Police Officers have granted permission to file a final report claiming 'A' summary. The learned APP on instructions of the Investigating Officer states that accordingly, final report claiming 'A' summary will be filed within a period of two weeks from today. We accept the statement.

apl-641.15.odt In view of the aforesaid statement, it is not necessary to entertain this application under Section 482 of the Code of Criminal Procedure, 1973 at this stage.

The learned Magistrate is bound to pass an appropriate order on the report after issuing a notice to the first informant. In the event, the report is not accepted by the learned Magistrate, we grant liberty to the Applicant to file a fresh application for claiming relief which is claimed in this Application. All contentions of the parties on the summary report are expressly kept open.

(A.A. SAYED, J ) (A.S. OKA, J )