Rajinder Gupta S/O Nohar Chand Gupta And Another v. State Of Mah. Thr. Pso Ps Yavatmal City Dist.Yavatmal And Another

2026:BHC-NAG:5883

(1) 39.appp.1202.2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPP) NO.1202 OF 2026 IN CRIMINAL APPLICATION (APL) NO.381 OF 2022 (D) Rajinder Gupta s/o Late Shri Nohar Chand Gputa and another Vs.

State of Maharashtra, Through Police Station Officer, Police Station Yavatmal City, District Yavatmal and another -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. C. S. Dharmadhikari, Advocate for the applicants. Ms. M. A. Barabde, APP for the State.

Mr. R. M. Tahaliyani, Advocate for the non-applicant No.2. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 09/04/2026 1.

The application was filed for quashing of the FIR in connection with Crime No.691/2021. However, on last occasion, the statement was made by the learned APP that 'B' summary report is already filed. In view of that, the application became infructuous, it was disposed of.

2.

Now, this application is filed by the applicants for modification of the order dated 23.03.2026. As it was informed that no 'B' summary report has been submitted before the Court. However, learned APP has placed on record the order passed by the learned Chief Judicial Magistrate, Yavatmal, which shows that 'B' summary report was filed and it was rejected and the Superintendent of

(2) 39.appp.1202.2026 Police, Yavatmal is directed to look out the matter and take action against the concerned I.O. It was further observed that the API miserably failed to execute the summons on complainant Sumit Pradip Lakhami. Since 2022, it is pending for service summons on complainant. In such circumstances, such report of 'B' summary cannot be accepted, without hearing informant.

3.

In the light of the above circumstances and fact that the applicants and the accused both have already settled the dispute. They have already filed joint Pursis to that effect, but in view of 'B' summary report that compromise was not considered by the Court and the application was disposed of. In view of that, liberty is granted to the applicants to file a fresh application on the ground of settlement.

4.

The Criminal Application (APPP) No.1202/2026 is disposed of.

(URMILA JOSHI-PHALKE, J.) Sarkate Signed by: Mr. A.R. Sarkate Designation: PA To Honourable Judge Date: 16/04/2026 19:14:15