Avinash Baliram Patil And 2 Others v. State Of Mah. Thr. Pso Ural Dist.Akola And Another

2025:BHC-NAG:2847-DB 1 04apl987.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION [APL] NO.987 OF 2021 [Avinash Baliram Patil and others .vs. State of Maharashtra and one] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Abhay Sambre, Advocate for Applicants.

Mr. Amit Chutke, APP for Respondent No.1/State. Mr. T.M. Zaheer, Advocate for Respondent No.2. ............

CORAM : NITIN B. SURYAWANSHI AND PRAVIN S. PATIL, JJ.

DATED : 21st MARCH, 2025.

In affidavit dated 11.6.2024 filed by respondent no.1, following statement is made :

"That the answering respondent has completed investigation and has found that no concrete evidence is being made out against the present Applicants to prosecute them under section 302, 304-A and 120-B of Indian Penal Code and the answering respondent has already prepared B Summary report which is presented to the higher authorities for scrutiny and after the same is verified, the B Summary, would be thereafter submitted to the learned Trial Court under section 173 of Criminal Procedure Code for its approval." 2.

In view of aforesaid, following order is passed :

O R D E R

(i) Present application is disposed of.

(ii) In case appropriate summary is filed before the learned Jurisdictional Magistrate by the investigation officer, it will be open for the respondent no.2, who is complainant, to file the

2 04apl987.21.odt protest petition and before accepting the summary the learned Magistrate is expected to give opportunity of hearing to the parties. (PRAVIN S. PATIL, J.) (NITIN B. SURYAWANSHI, J.) Gulande