Amit Hanuman Pandey And ORS v. The State Of Maharashtra And ANR

osk 28-wp-3694-2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3694 OF 2017 Amit Hanuman Pandey & Ors.

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Petitioners V/s.

The State of Maharashtra & Anr.

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Respondents Mr.P.D. Borkar for the Petitioners.

Mr.K.V. Saste, A.P.P. for Respondent No.1-State. Ms.K.H. Rajani for Respondent No.2.

CORAM : RANJIT MORE & DR.SHALINI PHANSALKAR-JOSHI, JJ.

DATE : 15 th NOVEMBER, 2017.

P.C. :

1] Heard.

2] This petition is filed for quashing M.E.C.R. No.282 of 2017 registered with Kandivali Police Station, Mumbai. The said M.E.C.R. was registered in pursuant of the order dated 13th July, 2017, passed by the learned Magistrate in Criminal Complaint No.247/S.W./2017 under Section 156(3) of the Criminal Procedure Code. 3] Mr.Saste, learned A.P.P., on instructions, makes a statement that the investigation in the subject crime is already completed and, thereafter, the Investigating Officer has filed "C" Summary Report in the trial Court. The Statement is accepted. 1/2

osk 28-wp-3694-2017.odt 4] In view of the statement, the grievance of the Petitioners, raised in the petition, no more survives. The Complainant, however, is at liberty to file protest petition in the "C" Summary Report and the learned Magistrate shall dispose of the "C" Summary Report after hearing all the concerned including the Complainant. The Petition is disposed of accordingly.

[DR.SHALINI PHANSALKAR-JOSHI, J.] [RANJIT MORE, J.] 2/2