Partly allowed

Chandrakant Mahadev Kadam v. the State of Maharashtra and Anr.

Bombay HC7 Sept 2010WP/1748/2010

Case brief

AI extract

What is this about?

A petition filed under Article 226 was disposed of as the B-summary report was accepted by the lower court. The High Court declined to pass a writ inconsistent with that order, allowing the petitioner to challenge the summary report via appropriate proceedings.

What did the court decide?

Petition disposed of; liberty granted to petitioner to challenge the acceptance of the B-summary report by the appropriate Court.

Chandrakant Mahadev Kadam Vs the State of… — Writ and Judicial Review | Bombay HC (2010)

¶1

wp1748.10.sxw

¶2

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

¶4

kj

¶5

WRIT PETITION NO.1748 OF 2010

¶6

Mr.Chandrakant Mahadev Kadam ..Petitioner

¶7

¶8

The State of Maharashtra & Ors.

¶9

..Respondents

¶10

Mr. Jaiswal i/by M/s.Jaiswal & Asso. for the petitioner.

¶11

Mr.P. A. Pol APP for the State.

¶12

Coram : A.M.Khanwilkar & U.D.Salvi,JJ

¶13

Date : 7.9.2010.

¶14

¶15

1 Learned APP on instructions, states that the investigation

¶16

was duly completed and on the basis of material collected, the

¶17

Investigating officer submitted Bsummary report on 14.2.2010

¶18

before the appropriate Court which was accepted by that Court.

¶19

wp1748.10.sxw

¶20

¶21

2 We would proceed on the assumption that the Complainant must have been given opportunity before the lower court before any order was passed thereon. Assuming that, that condition has not been adhered to by the lower Court, it is open to the Complainant to challenge the correctness of that decision. So long as order passed in Bsummary report operates, it may not be appropriate for us to issue writ which will be inconsistent to that order.

¶22

3 In the circumstances, without going into the correctness of the order, petition is disposed of with liberty to the petitioner to take recourse to appropriate remedy, that may be advised, challenging the acceptance of the Bsummary report by the appropriate Court. If such proceeding is taken out by the Complainant, we hope and trust that the concerned Court will consider the request of the petitioner for expeditious disposal of the said proceeding having regard to the fact that the petitioner is a senior citizen.

¶23

wp1748.10.sxw

¶24

¶25

4 Petition is disposed of in the above terms. All questions are

¶26

kept open.

¶27

(U.D.SALVI,J)

¶28

(A.M.KHANWILKAR,J)

Chandrakant Mahadev Kadam v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Chandrakant Mahadev Kadam v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Nikhil @ Baban Madhukar Jadhav Vs the State of Maharashtra and Anr.

Dinkar Taru Salve Vs the State of Maharashtra

Suraj Sharadman Yadav Vs the State of Maharashtra

Mehboob Sahebjade Pirjade Vs the State of Maharashtra

Shrihari Eknath Suryavanshi Vs the State of Maharashtra

Laxman @ Bhimgonda Appaya Patil Vs the State of Maharashtra