Kantibhai Amubhai Patel v. The State Of Maharashtra And ANR

1 of 2 APL.765.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.765 OF 2015 AND CRIMINAL APPLICATION NO.766 OF 2015 Kantibhai Amubhai Patel Applicant versus State of Maharashtra and others Respondents Mr.Samarth S. Karmarkar for Applicant.

Ms.M.H.Mhatre, APP, for State.

CORAM : A.S.OKA AND P.D.NAIK, JJ.

DATE : 21st March 2016 PC :

1.

Learned APP has placed on record a photocopy of the report dated 22nd February 2016 addressed to her by the Police Sub Inspector attached to Dindoshi Police Station. It is recorded therein that on 1st November 2015, the investigating officer has filed a report in the Court of the Metropolitan Magistrate, 67th Court, Borivali claiming `A' summary. Learned counsel for the applicant states that to the knowledge of the applicant, there is no order passed by the learned Magistrate on `A' summary report.

2 of 2 APL.765.2015 2.

The report dated 22nd February 2016 is taken on record and marked "A-1" for identification. At this stage, in view of what is stated in the report, it is not necessary to entertain this application under section 482 of Code of Criminal Procedure, 1973. We accordingly dispose of both these applications. Learned Magistrate shall pass appropriate orders on `A' summary report in accordance with law. 3.

In the event `A' summary report is not granted, we grant liberty to the Applicant to file appropriate application for revival of present applications.

(P.D.NAIK, J.) (A.S.OKA, J.) MST