Nitu Ramveer Solanki Aka Prarthana Rahul Kurtadkar v. The State Of Maharashtra And ANR.

13-WP2698-18.DOC hcs

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2698 OF 2018 Nitu Ramveer Soanki aka Mrs. Prarthana Rahul Kurdtarkar

...Petitioner

Versus

State of Maharashtra & anr.

...Respondents

Mr. Vasant Baug, a/w Mr. Vinod D. Gangal, for the Petitioner. Mr. J. P. Yagnik, APP for the State/Respondent. CORAM: R. M. BORDE & N. J. JAMADAR, JJ DATED:

1st JULY, 2019 PC:- 1] The petitioner is seeking quashment of criminal proceedings initiated in furtherance of lodging of complaint to the Magistrate by the Respondent-Complainant. The learned Magistrate, on receipt of the complaint has issued directions to the police to proceed in the matter in view of section 156(3) of the Code of Criminal Procedure. In pursuance to the order passed by the learned Magistrate, the First Information Report came to be registered at Nhava Sheva police station, Navi Mumbai, on 21st May, 2018 for commission of the offence punishable under sections 420, 406, 384, 363, 494, 309, 504 and 506 read with section 34 of the Indian Penal Code.

2] The police have concluded the investigation and presented a report to this Court. In its report tendered to the Court, it has been recorded that upon conducting investigation the police did not find the case suitable for tendering the charge-sheet and that "B" summary report 1/2

13-WP2698-18.DOC deserves to be presented to the Magistrate's Court. The report tendered by the police is taken on record and marked "X" for identification.

3] Since the police have decided to tender "B" summary report to the Magistrate's Court, it would be proper for the learned Magistrate to deal with such report on its presentation and to pass appropriate orders. In view of report tendered by the Respondent-Investigating Agency to this Court, the greivances raised by the petitioner in the instant petition stand redressed and no further orders need be issued. The criminal writ petition, accordingly, stands disposed of.

[N. J. JAMADAR, J.] [R. M. BORDE, J.] 2/2