Sanjay Atmaram Kadam v. State Of Mah. Thr. Secretary Home Dep. Mantralaya Mumbai And 5 Others

2025:BHC-NAG:9768-DB 1 926-wp 340.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION NO. 340 OF 2024 ( Sanjay Atmaram Kadam vs. State of Maharashtra and others ) Office Notes, Office Memorandum of Coram, appearances, Court's orders or the directions, Court's or Judge's order and Registrar's orders.

Mr. V.N.Patre, Advocate for petitioner.

Mr. G.S.Umale, APP for respondents No.1 to 5. CORAM : ANIL L. PANSARE AND SIDDHESHWAR S. THOMBRE, JJ.

SEPTEMBER 25, 2025 1) On 23/09/2025 following order was passed :- "1.

Vide Order dated 27.06.2024, this Court directed the Investigation Officer to handover all the papers to Cyber Cell. The in-charge of the Cyber Cell was directed to allot the investigation to the competent officer. The Court then directed the competent officer to forthwith commence the investigation and file progress report in a sealed envelope. Accordingly, the progress report has been filed. 2.

We have opened the sealed envelope in the presence of both sides and found that only photocopies of case diary have been enclosed. The so-called competent officer has not filed a report of progress in investigation.

3.

Learned APP shall take instructions from the Investigating Officer, who has handed over the case papers to Cyber Cell, as to whom did he handover the case papers. Learned APP shall also take instructions from the concerned officer of Cyber Cell who has allotted the investigation to the officer, who was required to submit the progress report. Learned APP shall submit these details along with the names of the officers for passing further order. 5.

The photocopies of case diary are placed in the envelope. The envelope shall be re-sealed.

6.

All concerned shall act on authenticated and uploaded copy of the order.

7.

List the petition on 25.09.2025."

2 926-wp 340.2024.odt 2) In response, Mr.Vinayak Shankarrao Ramod, Assistant Police Inspector, Umarkhed Police Station is present. Learned APP has tendered across the bar a sealed envelop. We have opened it in the presence of both sides. It contains a report saying that investigation was done in the matter, but no evidence was found. Accordingly, "A" Summary has been prepared and the Sub Divisional Police Officer approved the same. After seeking approval from Sub Divisional Police Officer, "A" Summary has been filed before the Jurisdictional Magistrate.

3) The petition has been filed seeking direction against respondent No.5 to investigate the offence registered vide Crime No.388/2020.

4) Considering the development as mentioned in the report dated 23/09/2025, which is placed before us today, the purpose of filing the petition has been served. Its a different matter that Investigating Officer could not collect any evidence and accordingly, purported "A" Summary.

5) We accordingly, permit the petitioner to take recourse to the remedy as is available in law against the Summary so filed before the trial Court. With the aforesaid liberty the petition stands disposed of.

( JUDGE ) ( JUDGE )

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