Dr. Nagesh Tulshiram Shewale And 4 Others v. State Of Mah. Thr. Pso Wadi Nagpur (City) Nagpur And 2 Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APL) NO.457/2020 Dr.Nagesh Tulshiram Shewale and ors ..vs..

State of Mah., thr.PSO Wadi, Nagpur (City) Nagpur and ors ................................................................................................................................................................... OfÏce Notes, OfÏce Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ................................................................................................................................................................... Shri Raju Kadu, Counsel for Applicants.

Shri Akhtar Ansari, Counsel for NA Nos.2 & 3. Shri T.A.Mirza, Addl.P.P. for NA No.1/State.

CORAM

: V.M.DESHPANDE & G.A.SANAP, JJ.

DATED : JANUARY 17, 2022 1.

Hearing was conducted through Video Conferencing and learned counsel for parties agree that Audio and Visual Quality was proper.

2.

Heard learned counsel Shri Raju Kadu for applicants, learned counsel Shri Akhtar Ansari for non-applicant Nos.2 and 3, and learned Additional Public Prosecutor Shri T.A.Mirza for nonapplicant No.1/State. 3.

Learned Additional Public Prosecutor for the State submits that when reply was filed on 17.6.2021, which is stated on oath, Investigating Officer proposed to file B-Final Report subject to approval of the Assistant Commissioner of Police, MIDC Division, Nagpur. He further submits that he has received instructions from police authorities that after approval, Investigating Officer filed BFinal Report before learned jurisdictional Magistrate. The statement is accepted.

4.

In view of the statement made that B-Final Report has been filed before learned jurisdictional Magistrate, nothing survives in this application for quashing of First Information Report. 5.

The criminal application is disposed of as such. .....2/-

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Needless to mention that it will be open for complainant to file a protest petition before learned Magistrate in respect of B-Final Report.

JUDGE JUDGE Digitally signed by BHUSHAN RANA WANKHEDE Date:

2022.01.17 16:27:59 +0530 !! BRW !!

BHUSHAN RANA WANKHEDE ...../-