Shashikant Gujar v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 501 OF 2026 Mr. Shashikant Gujar ...Applicant

Versus

Nandalal Dulichandi Gupta & Anr.

...Respondents

__________ Mr. Ashok B. Tajane a/w Mr. Yuvraj A. Tajane, learned Advocates for the Applicant.

Mr. Tanveer G. Khan, learned A.P.P. for the State/Respondent. PSI Mr. Ravindra Kale attached to Khadki Police Station, District-Pune is present in the Court.

__________ CORAM :

ASHWIN D. BHOBE, J.

DATE :

24th MARCH 2026.

P.C. :

1.

Heard Mr. Ashok Tajane, learned Advocate for the Applicant and Mr. Tanveer Khan, learned A.P.P. for the State/Respondent. 2.

For the innocuous order that I propose to pass on the request of Mr. Ashok Tajane, learned Advocate and Mr. Tanveer Khan, learned A.P.P., service of notice on Respondent No. 1 is dispensed with.

3.

The limited grievance of Mr. Ashok Tajane, learned Advocate, in this Criminal Application is that the 'B' Summary Report dated 26.12.2019, filed by the State/Respondent before the Court of Judicial Magistrate First Class, Khadki, Cantonment, Pune ("Magistrate") is pending since the year 2019. Mr. Ashok Tajane by

referring to the order dated 08.06.2023, passed by this Court in Criminal Application No. 456 of 2022, requests for a direction to the Magistrate to dispose of the 'B' Summary Report dated 26.12.2019 expeditiously.

4.

Mr. Tanveer Khan, learned A.P.P. for the State/Respondent submits that the 'B' Summary Report dated 26.12.2019 is required to be considered by the Magistrate on its own merits. 5.

Perused the records.

6.

By order dated 08.06.2023, this Court disposed of Criminal Application No. 456 of 2022. Said order reads as follows :- "1.

In paragraph No.5 of the Writ Petition, it has been mentioned that B summary report is pending before the trial Court.

2.

Learned counsel for the petitioner seeks liberty to pursue the proceeding before the trial Court. 3.

In such an eventuality, the petition stands disposed of with liberty to the petitioner to pursue the said proceeding and upon request of the petitioner to decide it expeditiously. 4.

Needless to state that if the order of the trial Court is adverse to the petitioner, it is open to the petitioner to approach this Court."

7.

In view of the above, the Magistrate is requested to make an endevour to dispose of the proceedings i.e. the 'B' Summary Report dated 26.12.2019, which is pending since the year 2019, expeditiously and strictly in accordance with law, on its own merits and after affording an opportunity of hearing to the

Informant/Complainant.

8.

Mr. Ashok Tajane, learned Advocate submits that the aforesaid directions redresses the grievance of Applicant. 9.

In view of the above, Criminal Application is disposed of. 10.

It is clarified that this Court has not made any observation on merits.

[ASHWIN D. BHOBE, J.] by GITALAXMI KRISHNA KOTAWADEKAR Date:

2026.03.27 20:11:08 +0530 GITALAXMI KRISHNA KOTAWADEKAR