Ajit Sharad Patil v. The State Of Maharashtra

10-WP-6392-2021.doc GRM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 6392 OF 2021 Ajit Sharad Patil ... Petitioner V/s.

The State of Maharashtra ... Respondent Mr. Kanchanpurkar Gautam, Adv. for the Petitioner. Mr. M. G. Patil, APP for the State/Respondent.

CORAM

: R. G. AVACHAT, J.

DATED : JANUARY 3, 2023 P.C. :

1.

Heard.

2.

The petitioner is original informant in C.R. No. 27/2019. The police machinery on investigation of the said crime has filed "A" Summary Report. The learned Magistrate accepted the same without affording the opportunity of hearing to the petitioner/informant. The petitioner, therefore, challenged the order accepting the "A" Summary Report. The Revisional Court, however, dismissed the petitioner's application on the ground that the original accused were not made parties to the revision application.

3.

In view of the above, this petition can very well be disposed of in terms of the following order :-

10-WP-6392-2021.doc

ORDER

a. The petition is allowed. The order dated 30/09/2021 passed by the Additional Sessions Judge, Palghar in Criminal Revision Application No. 16/2021 is hereby set aside. b. The revision application is directed to be taken on board. c. The petitioner shall add the original accused as partyrespondents to the said proceeding/revision application. The Revisional Court then is expected to decide the same on its own merits, after affording the parties concerned an opportunity of hearing.

d. Criminal Writ Petition No. 6392/2021 stands disposed of. (R. G. AVACHAT, J.)