Dharamchandra Kundalsa Walli v. State Of Maharashtra, Through Its Secretary, Ministry Of Home, Mumbai And 2 Others

1806cwp804.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION (CWP) NO. 804 OF 2014 (Dharamchandra Kundalsa Walli vs. The State of Maharashtra thr. Secretary, Ministry of Home & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

CORAM : B.P. DHARMADHIKARI & P.N. DESHMUKH, JJ.

JUNE 18, 2015.

Heard Shri Kashid, learned counsel for the petitioner and Shri Mirza, learned APP for the respondents.

Our attention is drawn to reply affidavit tendered by the PSI, Police Station Ansing, District - Washim, stating therein that 'B' Summary report has been filed in the Court of J.M.F.C., Washim, on 05.05.2015.

Shri Kashid, learned counsel submits that in May 2013, police authorities have found substance in the complaint lodged by the petitioner, hence, filing of 'B' Summary is unacceptable. He further complains that period of about two years has been lost in the matter. According to him, this itself warrants holding of an inquiry against the Investigating agency.

The learned APP submits that the petitioner can lodge protest note before the Court of J.M.F.C. and all these aspects can be looked into there.

The communication by which some substance is shown found in the grievance of the

1806cwp804.14 petitioner is issued in the month of June 2013 and 'B' Summary is filed in May 2015. The steps or investigations in the meanwhile, therefore, become relevant.

In this situation, with liberty to the petitioner to file appropriate protest note in the Court of J.M.F.C., Washim, and keeping all rival contentions open for consideration, we dispose of the present petition. No costs.

JUDGE JUDGE *GS.