Bombay High Court
Umbelina Ortulana Aurita Menezes vs Police Inspector, Maina Curtorim ... on 21 November, 2024
2024:BHC-GOA:1971 914-WPCR-527-2024 (F).DOC
2024:BHC-GOA:1971
Suchitra
IN THE HIGH COURT OF BOMBAY AT GOA
CRIMINAL WRIT PETITION NO.527/2024 (F)
MRS UMBELINA ORTULANA AURITA
MENEZES, mother of late Antonio Loreto
Nascimento Da Costa, 54 years of age, r/o
C/o Monzon, Curtorm, Salcete, Goa. ... PETITIONER
Versus
1. POLICE INSPECTOR, Maina Curtorim
Police Station, Curtorim, Salcete, Goa.
2. STATE, through PP, High Court of
Bombay at Porvorim, Goa.
... RESPONDENTS
Mr Arun Bras De Sa with Mr Mark Valadares, Advocates for the
Petitioner.
Mr S. Karpe, Additional Public Prosecutor for the State.
CORAM: BHARAT P. DESHPANDE, J.
DATED: 21st NOVEMBER 2024
ORAL JUDGMENT:
1. Heard Mr Arun Bras De Sa for the petitioner and Mr S.
Karpe, learned Additional Public Prosecutor for the State.
2. Rule. he rule is made returnable forthwith. Heard the
petition inally with consent.
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914-WPCR-527-2024 (F).DOC
3. A short issue has been raised in the petition iled under
Section 482 of the Code of Criminal Procedure (Cr.P.C.) and
since it is of much importance for the purpose of considering
whether the investigation carried out by the concerned police
oicer could be closed on the basis of the grant of A-Abated
summary.
4. Mr De Sa appearing for the mother of the deceased
motorcycle rider, submitted that the report iled by the concerned
investigating oicer under Section 173 of the Cr.P.C. before the
learned Magistrate seeking A-Abated inal summary, is itself
wrong. He submits that the learned Magistrate completely failed
to consider the submissions/brief facts of the case, mentioned in
paragraph 16 of the Final Report and allowed the request of A
summary by order dated 30.03.2024.
5. Mr De Sa submitted that the matter is required to be closed
since the investigation carried out shows that the person who was
considered to be rash and negligent in driving the motor vehicle
expired so also the person who was riding the other vehicle died
while taking treatment. He submits that at the most the report
could have been iled for closing the matter as abated in view of
the death of the accused. However, the A summary could not be
properly classiied.
6. Per contra, Mr Karpe, learned APP appearing for the State
while submitting the contentions raised by the investigating
oicer (IO) submitted that the report was rightly iled however,
the request of grant of A-Abated summary was improper.
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914-WPCR-527-2024 (F).DOC
7. Facts in the present matter would go to show that a
vehicular accident took place on 09.07.2023 at around 17.15
hrs., near Valankani General Stores, Curtorim between two
vehicles. One Mr Abel Sequeira was the rider of the Activa
Scooter bearing registration no.GA-08-AL-2118 whereas Mr
Antonio Da Costa was the rider of the Yamaha motorcycle
bearing registration no.GA-07-D-7500. It is alleged that the
Yamaha motorcycle skidded and dashed against the Activa scooter
and during the said accident, the riders of both the vehicles
sufered grievous injuries. he rider of the Yamaha motorcycle
when shifted to the hospital was declared "brought dead" whereas
the rider of the Activa scooter was admitted for treatment but he
succumbed to the injuries after a period of two days.
8. he IO conducted inquiry and recorded statements
including the statement of the pillion rider of Activa scooter.
Similarly, the CC Tv footage from the nearby shop was obtained
and thereafter it was observed that the accident was caused due to
the rash and negligent riding of the Yamaha motorcycle by
Antonio Da Costa. However, since the said Antonio died when
shifted to the hospital, a request was made to the learned
Magistrate to close the report as A-Abated inal summary.
9. Mr Karpe pointed out that the provision with regard to the
granting of A, B and C Summary is in fact found in the Bombay
Police Manual, 1959 which reads thus:-
" "A" - True, undetected (where there is no clue whatsoever
about the culprits or property or where the accused is
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known but there is no evidence to justify his being sent up
to the Magistrate (for trial)).
"B" - Maliciously false.
"C" - Neither true nor false, e.g. due to mistake of fact or
being of a civil nature.
"Non-cognizable" - Police investigation reveals commission
of only a non-cognizable ofence."
10. Accordingly, the A Summary deals with when the case is
true but not detected. Mr Karpe also cited the decision of the
Hon'ble Supreme Court in the case of Arnab Manoranjan
Goswami v/s. State of Maharashtra - (2021) 2 SCC 427 in this
regard.
11. he matter in hand would clearly go to show that the case
is detected and it is also true but no prosecution could be
launched since the accused expired during the said accident.
hus the classiication of A-Abated summary is incorrect. At the
most the report iled under Section 173 Cr.P.C. could have been
considered and the proceeding could have been closed as abated
but not by classifying it as A-Abated inal summary.
12. Learned Magistrate while accepting the report, granted A-
Abated summary which is in fact again a mistake. At the most
the Magistrate could have observed that since the case is detected
and true however, cognizance cannot be taken since the accused
expired and therefore the matter stands abated.
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13. Since the mistake is apparent while making a prayer and its
acceptance by the Magistrate, it needs to be corrected by
exercising the extraordinary powers of this Court. Accordingly,
the report iled by the concerned police oicer before the
concerned Magistrate is found to be true and detected but the
matter stands abated as the accused expired.
14. In view of the above observation, the petition stands
disposed of. Learned Magistrates are therefore directed to take
note of the above observations in future.
BHARAT P. DESHPANDE, J.
21st November 2024
