Bombay High Court
Bhimrao S/O. Shankarrao Napte vs State Of Maharashtra Thr. ... on 29 January, 2018
Bench: S.B. Shukre
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL WRIT PETITION No.1004 OF 2016
Bhimrao s/o. Shankarrao Napte,
Aged about 70 years,
Occupation : Retired A.S.I.,
R/o. Kale File, Washim,
Tq. And Distt. Washim. : PETITIONER
...VERSUS...
1. State of Maharashtra,
Through Inspector General of Police,
Amravati Range, Amravati, Distt. Amravati.
2. Superintendent of Police,
Amravati Rural, Amravati,
Office of Superintendent of Police,
Amravati City, Amravati,
Near Collector Office, Amravati,
Tq. And Distt. Amravati. : RESPONDENTS
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Shri O.Y. Kashid, Advocate for the Petitioner
Shri A.V. Palshikar, Addl. Public Prosecutor for the Respondents.
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CORAM : S.B. SHUKRE, J.
th
DATE : 29
JANUARY, 2018.
ORAL JUDGMENT :
1. Heard.
2. Rule. Rule made returnable forthwith.
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3. Heard finally by consent.
4. On going through the order passed on 29.4.2016 which
directs, the whole matter to be reconsidered by the Investigating Officer,
in view of the written statement filed by the complainant at Exh.-78, I
see no reason for the learned Chief Judicial Magistrate, Washim to have
passed another order on the same date directing closure of the case.
Learned Chief Judicial Magistrate could not have blown hot and cold in
one and the same breath. He could not have directed the Investigating
Officer to reconsider the matter and then could not have chosen to close
the matter itself. Therefore, the order directing closure of the case is
hereby quashed and set aside. This would also call for issuing further
directions in the matter and they are as follows :
(i) The Investigating Officer shall reconsider the whole
matter by taking into consideration the written notes of argument vide
Exh.-78, in terms of the order dated on 29.4.2016 passed below Exh.-1
by the learned Magistrate and then resubmit his final report to the
learned Magistrate.
(ii) Upon receipt of the final report resubmitted after
reconsideration by the Investigating Officer, the learned Magistrate shall
consider the same and pass an appropriate order after giving opportunity
of hearing to the complainant, in accordance with law.
(iii) The resubmission of the final report shall be made
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within four weeks from the date of appearance of the complainant before
the Investigating Officer, which date shall be of 12 th February, 2018.
(iv) The learned Magistrate shall pass an appropriate order
on the resubmitted final report within four weeks from the date of
resubmission of the final report.
Rule is made absolute in the above terms.
Criminal Writ Petition is disposed of accordingly.
JUDGE
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