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Bombay High CourtWP/230/2026dismissed

Prashant S/O. Jayantilal Thadeshwar v. The State Of Maharashtra And ANR

2026-01-23Hon'Ble The Chief Justice , Hon'Ble Shri Justice Suman Shyam2 pages

6-crwp-230-2026.doc Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.230 OF 2026 Prashant S/o Jayantilal Thandeshwar

...Petitioner

Versus

The State of Maharashtra & Anr

...Respondents

.....

Mr. Anand Mishra, with Mr. Siddharth Singh, i/b Mr. A. M. Saraogi, Advocates for the Petitioner.

Mr. K. V. Saste, Assistant Public Prosecutor, for the Respondent No. 1-State.

.....

CORAM:

SHREE CHANDRASHEKHAR, CJ & SUMAN SHYAM, J.

DATE:

23rd JANUARY 2026 PC:- SHEPHALI SANJAY MORMARE SHEPHALI SANJAY MORMARE Date: 2026.02.05 11:15:19 +0530 Mr. Anand Mishra, the learned counsel for the petitioner submits that the bank has no authority to freeze the bank account of the petitioner even after A-Summary Report has been filed in a First Information Report by the respondent no. 1. 2.

This is settled law that a Magistrate has powers to (i) accept the A-Summary Report; (ii) reject the A-Summary Report; or (iii) to order further investigation under section 173(8) of the Code of Criminal Procedure, 1973 corresponding to section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (refer, "Abhinandan Jha & Ors. v. Dinesh Mishra" 1967 SCC OnLine SC 107). At this

6-crwp-230-2026.doc stage when the Magistrate has not applied his mind in taking a decision in the matter, no order can be passed in the present proceedings.

3.

Criminal Writ Petition No. 230 of 2026 is dismissed. (SUMAN SHYAM, J) (CHIEF JUSTICE) {