The court held that a criminal writ petition filed under Article 226 does not survive once the police have filed a 'B' summary report in respect of the relevant FIR, and thus disposed of the petition.
The petition was disposed of as it did not survive after the filing of a 'B' summary report.
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26wp1928.14
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE
CRIMINAL WRIT PETITION NO. 1928 OF 2014
Madhukar Trambak Khandare
.. Petitioner
Versus
The State of Maharashtra
.. Respondent
Mr. Pankaj J. Das, Advocate for the petitioner Mr. K. V. Saste, Advocate for the respondent – State.
CORAM:-V. M. KANADE & M.L. TAHALIYANI, JJ. DATED : - 03/09/2014
P.C.
We are informed that the police have already filed 'B'
summary report in respect of the FIR which has been registered with the Jawhar Police Station, District Thane. In view of this, the petition does not survive and is disposed of.
2 However, liberty is granted to the petitioner to file a
fresh petition in the event the said report is not accepted.
(M.L. TAHALIYANI, J.) (V. M. KANADE, J.)
md.saleem
1/1
1 issue framed by the court
Whether the criminal writ petition survives given the filing of a 'B' summary report by the police.
Madhukar Trambak Khandare
The State of Maharashtra
V. M. Kanade
M. L. Tahaliyani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
