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Bombay High CourtWP/1188/2015dismissed

Shailesh Subhashrao Kulkarni. v. The State Of Maharashtra.

2016-01-06Hon'Ble Shri Justice A.V. Nirgude,Hon'Ble Kum. Justice I.K. Jain2 pages

crwp1188.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AURANGABAD CRIMINAL WRIT PETITION NO. 1188 OF 2015 Shailesh s/o Subhashrao Kulikarni

...Petitioner

VERSUS

The State of Maharashtra & ors.

...Respondents

.....

Shri G.L.Deshpande, advocate for petitioner Shri S.P.Sonpawale, A.P.P. for respondent no.1/State Shri V.B.Sangeet, advocate for respondent nos. 2, 3, 5 and 7 Shri T.G.Gaikwad, advocate h/f Shri P.K.Ippar, advocate for respondent nos. 6 and 8 .....

CORAM : A.V.NIRGUDE AND INDIRA K.JAIN, JJ.

DATED : 6th January, 2016 O R D E R :

Petitioner is complainant in Crime No. 93 of 2008 of police station City Ambejogai. Petitioner alleged that he was victim of offences punishable under Sections 395, 323, 324, 504, 506 r/w 34 of the Indian Penal Code.

2] The record indicates that after investigation the police submitted 'A' summary. The record also indicates that the police also filed 'B' summary report.

3] The learned counsel and the petitioner wanted to know as to what happened to the summary reports which are contrary to each other and as to whether the concerned Magistrate has taken any decision on them.

crwp1188.15 4] We do not want to entertain this anxiety because we could see from the facts that the police did not entertain the petitioner's complaint and did not start prosecution of the accused. For us, this conclusion is sufficient to put an end to this case. We, therefore, hold that the complaint of the petitioner has come to its logical end. 5] Petition is dismissed accordingly.

[INDIRA K.JAIN, J.] [A.V.NIRGUDE, J.] dbm/crwp1188.15