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Bombay High CourtWP/1214/2019disposed off

Jaidullahkha S/O. Vajirkha Pathan v. The State Of Maharashtra And Others

2021-02-02Hon'Ble Shri Justice T.V. Nalawade,Hon'Ble Shri Justice M. G. Sewlikar1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 32 CRIMINAL WRIT PETITION NO.1214 OF 2019 JAIDULLAHKHA S/O. VAJIRKHA PATHAN

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Mr. A. L. Kanade, Advocate for the petitioner Mr. G. O. Wattamwar, APP for the respondent/State. CORAM : T. V. NALAWADE & M. G. SEWLIKAR, JJ.

DATED : 02-02-2021 P.C. :- .

Heard learned counsel for the petitioner. The submissions and the contentions made show that after making investigation into matter police filed 'B' summary report in the Court of J.M.F.C. Learned counsel Mr. Kanade submitted that 'B' summary report is accepted by J.M.F.C., but no notice was given to the informant or petitioner before accepting 'B' summary report. He submits that the informant has right to file objection to the report and that the petitioner is declined from that right. In any case, such order of Magistrate needs to be challenged by way of proceeding like revision in Sessions Court. This Court cannot consider the order directly, as the matter involved factual aspects. With aforesaid observations, the present matter is disposed of as dismissed.

[M. G. SEWLIKAR, J.] [T. V. NALAWADE , J.] ssp criwp1214.19.odt