Ganesh Devidas Gadakh And Others v. The State Of Maharashtra And Another

2024:BHC-AUG:28953-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 27 CRIMINAL APPLICATION NO.2502 OF 2022 1.

Ganesh s/o Devidas Gadakh 2.

Manda w/o Devidas Gadakh 3.

Mangal w/o Kishor Bangal 4.

Arjun s/o Ganpat Dhus 5.

Ankush s/o Rangnath Ghadge .. Applicants

Versus

1.

The State of Maharashtra Through Police Station, Sonai, Dist. Ahmednagar.

2.

Deepali w/o Ganesh Gadakh .. Respondents ...

Advocate h/f Mr. R. A. Tambe, Advocate for Applicants. Mr. A. M. Phule, APP for Respondent No.1/State. Mr. D. R. Markad, Advocate for Respondent No.2. ...

CORAM : SMT. VIBHA KANKANWADI & ROHIT W. JOSHI, JJ.

DATE : 09 DECEMBER 2024 ORDER :

.

We have received the status report from learned Judicial Magistrate First Class, Newasa in view of our order dated [1]

18.09.2024. It has been stated by the learned Magistrate that the 'B' Summary has been filed and thereafter, the predecessor of the Presiding Officer had issued notice to the informant, but the notice is not served till today. The matter is pending for awaiting notice. On the last occasion, statement was made that the parties have arrived at the compromise. Even in respect of another case i.e. Crime No.30 of 2022, which was registered with Rahuri Police Station, District Ahmednagar for the offences punishable under Sections 498-A, 323, 504, 506 read with Section 34 of Indian Penal Code lodged by respondent No.2 itself, it appears that the accused therein have been acquitted and the copy of the judgment is produced in another matter before us i.e. Criminal Application No.2503 of 2022.

It appears that now the formality of the disposal of 'B' Summary report is required and under such circumstance, learned Advocate Mr. D. R. Markad appearing for respondent No.2/informant submits that the informant would appear before the learned Magistrate on 03.01.2025 on 11.00 a.m., thereupon, the learned Magistrate i.e. 2nd Joint Civil Judge Junior Division and Judicial Magistrate First Class, Newasa to go ahead with the procedure for the said 'B' Summary and take the decision within a period of 15 days from 03.01.2025.

2.

With these observations, present application stands disposed of.

3.

Learned Registrar (Judicial) to communicate this order to the concerned Court.

[ ROHIT W. JOSHI ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGE scm [3]