This order Stayed adjudication on a petition for quashing an FIR while a B summary report was pending adjudication. It dismissed the petition in principle, leaving merits open for future adjudication.
Adjudication stayed; matter left open for future petitions
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.
crwp-506.16.odt
pmw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.506 OF 2016
Ramandeep Singh Sassi @ Tally and Anr. … Petitioners Vs. Balbirsingh Baldevsingh Lamba & Ginni and Ors. … Respondents
Mr. Ganesh Gole for the Petitioners. Mr. S.V. Sonawane, APP for the Respondent Nos.2 to 4.
CORAM : A.S. OKA & ANUJA PRABHUDESSAI, JJ.
DATE : 21st MARCH, 2017
P.C.
1 The learned APP has placed on record a copy of report dated 21st March, 2017 addressed to him by the Senior Inspector of Police of Mulund Police Station. The same is taken on record and marked 'X1' for identification. It records that on 21st March, 2017 a final report claiming 'B' summary has been filed in the case before the learned Metropolitan Magistrate, 27th Court, Mulund, Mumbai.
2 In view of filing of the report claiming 'B' summary, at this stage, the present Petition for quashing the FIR need not be entertained.
1 of 2
crwp-506.16.odt
3 The learned Magistrate will pass appropriate order on the said report after issuing a notice to the first informant. In the event, the report claiming 'B' summary is not accepted, it will be open for the petitioners to file a fresh Petition for claiming the same relief which is claimed in this Petition. Subject to what is observed above, the Petition is disposed of. All contentions on merits are kept open.
(ANUJA PRABHUDESSAI, J) (A.S. OKA, J)
2 of 2
2 issues framed by the court
Whether the petition for quashing the FIR warrants adjudication in light of the FIR under Section 200 of CrPC not being finalised.
What order should be passed when a B summary report is filed claiming event as "B".
Ramandeep Singh Sassi @ Tally and Anr.
Balbirsingh Baldevsingh Lamba & Ginni and Ors.
A.S. Oka
Anuja PrabhuDESSAI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
