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Bombay High CourtWP/883/2024disposed off

Radha Chirkutji Padwe v. The State Of Maharashtra Thr. Home Ministery, Mantralaya, Mumbai And Others

2024-11-13Hon'Ble The Chief Justice , Hon'Ble Shri Justice Vinay Joshi2 pages

1 2.cri.wp.883.2024

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO. 883 OF 2024 Radha Chirkutji Padwe ..vs..

State of Maharashtra and ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. Jyoti Dongre, Advocate for the petitioner. Mrs. S.S. Jachak, Additional Public Prosecutor for the State.

CORAM:

DEVENDRA KUMAR UPADHYAYA, CJ. & VINAY JOSHI, J.

DATED : 13/11/2024.

Heard learned Counsel for the petitioner and learned Additional Public Prosecutor appearing for the State.

2.

By instituting this procedure under Article 226 of the Constitution of India, a prayer has been made to quash the Final Report submitted by the Investigating Officer/Agency before the Magistrate concerned. 3.

On a query as to whether the Final Report dated 22.06.2024 has been accepted by the Magistrate, learned Counsel for the petitioner could not bring the said fact to the notice of the Court.

4.

In fact, once the Final Report was submitted by the Investigating Officer/Agency under Section 173 of the Code of Criminal Procedure, the petitioner who is the

2 2.cri.wp.883.2024 Complainant, has the remedy of lodging of a protest petition. Even if, the Final Report submitted by the Investigating Officer/Agency has been accepted, such order passed by the Magistrate is revisable.

5.

Accordingly, we are not inclined to entertain this petition. The petition stands disposed of with liberty to the petitioner to either file a protest petition, in case the impugned final report has not been accepted by the Magistrate concerned, or file a Revision, if it has been accepted.

(VINAY JOSHI , J.

) (CHIEF JUSTICE ) Trupti Signed by: Trupti D. Agrawal Designation: PA To Honourable Judge Date: 16/11/2024 11:46:34