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Bombay High CourtWP/5/2023dismissed

Pranav S/O Suresh Kadu(President Of Warud Morshi Vidhan Sabha Nyaya Hakka Samiti) And 9 Others v. State Of Mha. Thr. Its Secretary Home Dep. Mantralaya Mumbai 32 And 4 Others

2023-01-11Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Mrs. Justice Vrushali V. Joshi1 pages

1 CRI.WP5-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION NO. 5/2023 (PRANAV SURESH KADU & OTHERS VERSUS THE STATE OF MAHARASHTRA & OTHERS) Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri C.R. Sharma, counsel for the petitioners. Shri A.M. Deshpande, In-Charge Public Prosecutor for the respondents. CORAM : A. S. CHANDURKAR AND MRS.VRUSHALI V. JOSHI , JJ.

D ATE : JANUARY 11 , 202 3 .

By this writ petition the petitioners pray that Crime No.184 of 2019 registered at Police Station Shendurjanaghat, District Amravati be investigated by an independent agency.

The petitioners who are the members of an Action Committee have made a representation in that regard dated 22.11.2022. According to the petitioners after the enquiry was conducted by the Investigating Officer, report was submitted to the learned Magistrate after which 'A' Summary came to be granted. This has been done without considering the material on record. We find that the order granting 'A' Summary dated 01.04.2021 passed by the learned Magistrate is not subjected to any challenge by the informant who is the person who should be aggrieved if at all by grant of such 'A' Summary. The petitioners by forming a Committee cannot seek to re-open the said proceedings by making a representation. By observing that it is for the informant to challenge the grant of 'A' Summary if he is so aggrieved, we are not inclined to entertain the writ petition. It is accordingly dismissed. (MRS. VRUSHALI V. JOSHI, J.) (A. S. CHANDURKAR, J.) APTE byROHIT DATTATRAYA APTE