The High Court disposed of a criminal writ petition seeking quashing of prosecution as the investigation was completed and a B-Summary report was filed, rendering the prayer untenable.
Writ petition disposed of; no coercive action apprehended against petitioners.
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.
1
wp.640.13.30.sxw
kps
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.640 OF 2013
Harishchandra D. Desai and others. ..Petitioners -Versus- The State of Maharashtra and another. ..Respondents
...............
Mr.S.R.Agarkar i/by Mr.J.M.Puranik, for the Petitioners. Mr.K.V.Saste, APP, for the Respondent No.1/State. Mr.Sachin S. Tigdi i/by Moin Khan, for the Respondent No.2.
...............
CORAM : S. C. DHARMADHIKARI AND G.S. PATEL, JJ.
Date : 16th September 2013.
P.C.:
1 Heard the learned counsel appearing for the parties. Mr.Saste, learned APP, on instructions, makes a statement that the investigation in the First Information Report No.43/2012 dated 23.04.2012 lodged at Vishnunagar Police Station, Dombivali have been completed and at the end of the same, the concerned Police Station has filed a B-Summary report in the competent court. This report has been filed on 14.09.2013.
2 In these circumstances the prayer for quashing the prosecution does not survive and it would be now for the parties to appear before the competent court as and when the Court decides to
2
wp.640.13.30.sxw
accept the report or not. For the present, there is no apprehension that any coercive action would be taken against the Petitioners. 3 In such circumstances nothing survives in the Writ Petition and it is disposed of.
( G.S.PATEL, J.)
(S. C. DHARMADHIKARI, J.)
1 issue framed by the court
Whether the writ petition seeking quashing of prosecution survives after the filing of the B-Summary report.
Harishchandra D. Desai
The State of Maharashtra
S. C. Dhar马达ARI
G. S. Patel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
