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Bombay High CourtAPL/1326/2015others disposed off

Mahananda Ramdas Dafal And ANR v. The State Of Maharashtra And ANR

2017-01-16Hon'Ble Smt. Justice Anuja Prabhudessai,Hon'Ble Shri Justice A.S. Oka2 pages

sng apl-1326.15 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1326 OF 2015 Office Notes, Office memorandum of Coram, appearances, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

Shri Satyavrat Joshi for the Applicant.

Shri K.V. Saste, APP for the Respondent No.1. Shri Sanjeev Punalekar i/b PRS Legal for the Respondent No.2. - CORAM :

A.S. OKA & SMT. ANUJA PRABHUDESSAI, JJ DATED :

16TH JANUARY 2017 P.C.:

.

The learned APP on instructions states that the police intend to file a report before the learned Magistrate claiming "B" Summary. He states that the report will be submitted approximately within a period of two weeks from today.

2.

We accept the aforesaid statement. In view of this statement, this Application for quashing the First Information Report need not be considered on merits.

sng apl-1326.15 3.

Needless to add that the learned Magistrate is bound to issue notice of the report to the first informant and give an opportunity to the first informant of filing a Protest Petition.

4.

All the contentions of the first informant in that behalf are expressly kept open.

5.

In the event, the learned Magistrate does not approve "B" Summary, it will be open for the Applicant to file a fresh proceeding for quashing the First Information Report.

6.

The Application is disposed of on above terms. (SMT. ANUJA PRABHUDESSAI, J) (A.S.OKA, J)