Reliance Nippon Life Insurance Company Limited Through Animesh Mishra v. State Of Maharashtra

59-wp225-2023.doc VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.225 OF 2023 Reliance Nippon Life Insurance Company Limited Through Animesh Mishra ... Petitioner V/s.

The State of Maharashtra ... Respondent Mr. Karansingh Rajput with Puneet Bhatin for the petitioner.

Mr. Arfan Sait, APP for the respondent/State. Mr. Rajesh Shinde, PI, Vakola Police Station.

CORAM

: AMIT BORKAR, J.

DATED : MARCH 10, 2023 P.C.:

1.

The first informant is challenging order of acceptance of ASummary Report mainly on the ground that the said report has been accepted by the learned Magistrate without issuing notice to the informant. The law in relation to notice to the first informant while accepting closure report is no longer res integra in view of judgment of the Apex Court in the Case of Bhagwant Singh Vs. Commissioner of Police & Another, reported in (1985) 2 SCC 537.

2.

In that view of the matter, the impugned order accepting ASummary report cannot be sustained. The writ petition is,

59-wp225-2023.doc therefore, allowed in terms of prayer clause (b). 3.

The petitioner shall appear before the learned Magistrate on 23rd March 2023. Learned Magistrate shall grant opportunity of hearing to the petitioner and shall pass appropriate orders on the report submitted by investigating agency.

(AMIT BORKAR, J.)