Citation : 2023 Latest Caselaw 2339 Bom
Judgement Date : 10 March, 2023
59-wp225-2023.doc
VRJ
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.225 OF 2023
Reliance Nippon Life Insurance
Company Limited Through
Animesh Mishra ... Petitioner
V/s.
The State of Maharashtra ... Respondent
Mr. Karansingh Rajput with Puneet Bhatin for the
petitioner.
Mr. Arfan Sait, APP for the respondent/State.
Mr. Rajesh Shinde, PI, Vakola Police Station.
CORAM : AMIT BORKAR, J.
DATED : MARCH 10, 2023 P.C.:
1. The first informant is challenging order of acceptance of A- Summary Report mainly on the ground that the said report has been accepted by the learned Magistrate without issuing notice to the informant. The law in relation to notice to the first informant while accepting closure report is no longer res integra in view of judgment of the Apex Court in the Case of Bhagwant Singh Vs. Commissioner of Police & Another, reported in (1985) 2 SCC
537.
2. In that view of the matter, the impugned order accepting A- Summary report cannot be sustained. The writ petition is,
59-wp225-2023.doc
therefore, allowed in terms of prayer clause (b).
3. The petitioner shall appear before the learned Magistrate on 23rd March 2023. Learned Magistrate shall grant opportunity of hearing to the petitioner and shall pass appropriate orders on the report submitted by investigating agency.
(AMIT BORKAR, J.)
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