Petitioner sought transfer of investigation or quashing of Magistrate's order regarding a 'C' Summary Report. Court held that the Magistrate must examine the report first and denied writ intervention in that aspect.
Petition dismissed with direction to the concerned Magistrate to pass appropriate order on the 'C' Summary Report.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 1691 OF 2010 WITH CRIMINAL APPLICATION NO. 462 OF 2010
Jayshree D/o. Manilal Shah ...Petitioner
V/s.
The State of Maharashtra & Ors. ...Respondents
Mr. A.M. Saraogi for the Petitioner
Mr. D.P. Adsule, A.P.P., for the State
Ms. Rebecca Gonsalves for C.B.I.
Mr. Suresh Pakale with Ms. S. Kamble for Respondents No. 2(a) and (c)
Mrs. Pravina J. Kunani for the Intervener in the Application
Ms. Seena Pawade for B.M.C.
CORAM: A.M. KHANWILKAR AND
A.P. BHANGALE, JJ. DATE: 10TH FEBRUARY, 2011
P.C.:-
Two reliefs have been claimed in this petition. The first
relief is to transfer the investigation of Case No. 187/M/2005 to some
other investigating agency. Insofar as this relief is concerned, the same
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was specifically pressed in Criminal Writ Petition No. 1003 of 2009, as can be discerned from the decision of another Division Bench of this Court dated 28th January, 2010. The Court plainly rejected the relief on the finding that no case was made out to transfer the investigation to any other agency. It is not possible to entertain same relief by way of successive petitions.
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that no specific observation in that behalf has been made by the concerned Magistrate. If it is so, the question as to whether the ‘C’ Summary Report, as filed by the Investigating Officer, deserves to be accepted is a matter which will have to be examined by the concerned Magistrate in the first instance.
the concerned Magistrate to pass appropriate order on the ‘C’ Summary Report submitted by the Investigating Officer dated 25th February, 2010. All questions in that behalf are left open, to be dealt with by the Magistrate on their own merits, in accordance with law.
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nothing survives for consideration in the Application, which is disposed of accordingly.
A.P. BHANGALE, J. A.M. KHANWILKAR, J.
2 issues framed by the court
Whether this Court can examine the merit of the accepting or returing of the 'C' Summary Report under its writ jurisdiction, despite the Magistrate having already rejected the petitioner's request for
Who is entitled to decide whether the 'C' Summary Report submitted by the Investigating Officer deserves to be accepted or if further investigation is directed.
1 provisions across 1 enactments
Jayshree D/o. Manilal Shah
State of Maharashtra
A.M. KHANWILKAR
A.P. BHANGALE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
