The Court directed the Magistrate to issue notice to the petitioner and give him an opportunity to be heard before passing orders on the A-summary report filed by the police.
Judicial Magistrate directed to issue notice to the petitioner and give an opportunity to oppose the A-summary report before passing orders.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
4w1871-09 1
IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.1871 OF 2009
Vaibhav Dnyaneshwar Vibhute. Versus State of Maharashtra and 3 others.
..Petitioner.
..Respondents.
Mr.Prakash Naik, Advocate i/b. Mr.P.B. Gujar, Advocate for the Petitioner.
Mrs.S.D. Shinde, A.P.P., for the Respondents State.
CORAM : D.B.BHOSALE & A.R.JOSHI, JJ.
DATED : 1ST APRIL, 2010
P.C.
Deputy Superintendent of Police, CID, Solapur to carry out investigation of the Crime bearing FIR No.133 of 2006 registered with police station, Barshi, Solapur. The learned A.P.P. informs the Court that in view of the directions issued by this Court, the Dy.S.P. carried out the investigation and he has filed Asummary report before the learned Magistrate. A copy of the report has already been served on the petitioner. Mr.Naik, learned Counsel for the petitioner submits that the petitioner has some material with him which may help the prosecution to identify the person/s who
4w1871-09 2
allegedly committed the offence. We would not like to examine at this stage the material / evidence the petitioner possessing and it would be appropriate to give an opportunity to the petitioner to appear before the learned Magistrate and oppose the Asummary report filed by the Investigating Officer. In the circumstances, we are satisfied that the following order shall meet the ends of justice.
[i] The Judicial Magistrate, First Class at Barshi is directed to issue notice to the petitioner before passing orders on the Asummary report submitted by the police and give an opportunity of being heard to the petitioner;
[ii] We hope that the learned Magistrate shall deal with the Asummary report in accordance with law.
[iii] All contentions of the petitioner are kept open.
Writ Petition is disposed of.
(A.R.JOSHI,J.) (D.B.BHOSALE,J.)
1 issue framed by the court
Whether the petitioner should be given an opportunity to oppose the A-summary report before the Magistrate passes orders.
Vaibhav Dnyaneshwar Vibhute
State of Maharashtra
D.B.BHOSALE
A.R.JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
