High Court of Bombay held that a writ petition seeking direction to submit a 'B' Summary Report cannot be entertained as调查显示 is ongoing. Similarly, quashing of FIR is not permissible when the cognizable offence view requires investigation.
Writ petition dismissed; liberty to approach court after completion of police investigation under Cr.P.C.
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.
wp-68-11
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 68 OF 2011
Ms Kiran Sham Idnani ...Petitioner .
Versus
State of Maharashtra & ors ...Respondents
Shri R.B. Paranjape, i/by J.D. Khairnar, Advocate for Petitioner.
Ms M. H. Mhatre, A.P.P. for State.
CORAM:- A.M.KHANWILKAR AND A.R.JOSHI, JJ.
DATED:- 20th JANUARY, 2011.
P.C.
Article 226 of the Constitution of India. Firstly, for direction against Respondent No.1, police official to submit the already prepared “B” Summary Report in respect of F.I.R.bearing No.55 of 2010, dated 21st March, 2010 registered with Lashkar Police Station,Pune. The second relief is for quashing the said F.I.R.bearing No.55 of 2010. Insofar as first relief is concerned, having regard to the statement made by the
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learned A.P.P.on instructions, the same cannot be entertained. The learned A.P.P.submits that the “B”Summary report was submitted to the D.C.P.for approval who in turn has rejected the said “B”summary report and instead ordered further investigation into the matter to be done by A.C.P. In other words, the complaint which was registered as F.I.R.No. 55/2010 is still under investigation and presently with the A.C.P.of the concerned area. In that sense, relief as claimed cannot be entertained.
(A.R.JOSHI, J.) (A.M.KHANWILKAR, J.)
2 issues framed by the court
Whether High Court can direct police to submit a 'B' Summary Report when it is under further investigation.
Whether High Court can quash an FIR when the issuing authority has decided to investigate as cognizable offence.
2 provisions across 2 enactments
Kiran Sham Idnani
State of Maharashtra
A.M. Khanwilkar
A.R. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
