The High Court quashed an order granting a 'B' Summary without hearing the petitioner. It directed the Magistrate to hear the petitioner before passing a final order.
The Metropolitan Magistrate's order of 15.7.2006 was quashed; petitioner directed to be heard and final order passed within three months.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 734 OF 2007
Ms. Sushila Khimji Rambhia ..Petitioner
versus
State of Maharashtra ..Respondents
Mr. Nitin Pradhan, Senior Counsel i/b. Ms. S. D.
Khot for the Petitioner.
Dr. F. R. Shaikh. APP for the Respondents - State.
Mr. A. Pande i/b. D. Poonamiya for Alpesh Ajmera
for Intervener.
CORAM : D. G. DESHPANDE, &
SMT. NISHITA MHATRE, JJ.
DATE : 13TH JUNE, 2007.
P.C.
1. Heard.
2. Grievance of the petitioner is that
Magistrate granted "B" Summary in a complaint filed
by the complainant without hearing the petitioner.
3. The admitted legal position is that if at
all the Magistrate wants to pass such an order, he
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has to hear the petitioner. Mr. Ponda fairly
concedes to this legal position.
4. In view of this, order dated 15.7.2006
passed by the Metropolitan Magistrate, 26th Court,
Borivli (West), Mumbai in CR No. 46 of 2006,
granting "B" Summary, without hearing the petitioner
is to be set aside. Therefore, Rule. By consent,
Rule returnable forthwith.
5. Impugned order of the Metropolitan
Magistrate, 26th Court, Borivli (West), Mumbai in
C.R. No. 46 of 2006 is quashed and set aside. The
Magistrate to hear the petitioner as early as
possible and then pass final order within three
months from the date of receipt of this order. Rule
answered accordingly. Petition disposed of.
(SMT. NISHITA MHATRE, J.) (D.G. DESHPANDE, J.)
2 issues framed by the court
Whether a Magistrate is constitutionally required to hear an accused before granting a 'B' summary in a complaint.
Whether the Impugned order dated 15.7.2006 granting 'B' Summary without hearing the petitioner should be set aside.
Sushila Khimji Rambhia
State of Maharashtra
D. G. Deshpande
Nishita Mhatre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court