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Bombay High CourtWP/180/2026disposed off

Shaikh Rustam Shaikh Nijam v. The State Of Maharashtra And Others

2026-05-07Hon'Ble Shri Justice Sandipkumar C. More , Hon'Ble Shri Justice Abasaheb D. Shinde1 pages

2026:BHC-AUG:21083-DB 1 918 wp 180-26

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 CRIMINAL WRIT PETITION NO. 180 OF 2026 SHAIKH RUSTAM SHAIKH NIJAM

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. Kulkarni Vaibhav B. & Mr. Shaikh Siddique Aziz, Advocates for the Petitioner Mr. P. S. Patil, APP for Respondent-State ....

CORAM : SANDIPKUMAR C. MORE AND ABASAHEB D. SHINDE, JJ.

DATED : 07/05/2026 P. C. :

1.

Learned APP has produced on record the report regarding issuance of 'A' Summary by the concerned Judicial Magistrate (First Class), Fhulambri. Upon going through the same, it appears that the learned JMFC, Fhulambri had issued notice to the informant on 04/05/2026, i.e. recently.

2.

In such circumstances, the petitioner can approach the said Court and file a protest petition. Accordingly, we dispose of this petition with liberty to the petitioner to file a protest petition in the aforesaid proceedings before the concerned Magistrate. 3.

If such protest petition is filed, we hope that the concerned Judicial Magistrate (First Class), Fhulambri shall decide the same on its own merits, in accordance with law, after giving an opportunity of hearing to the petitioner. Accordingly, the petition stands disposed of.

( ABASAHEB D. SHINDE, J. ) ( SANDIPKUMAR C. MORE, J. ) VS Maind/-