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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

CRIMINAL WRIT PETITION NO.1377 OF 2018

JAGANNATH MANGU MAHAJAN

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS

Mr.A.R.Syed, Advocate for the petitioner.

Mr.K.S.Patil, APP for respondent Nos. 1 to 3.

( CORAM : RAVINDRA V. GHUGE AND

B.U.DEBADWAR, JJ.)

DATE : MARCH 25, 2021

PER COURT :

1.

The learned Prosecutor has placed before us a communication dated

23/03/2021 received by him from the Police Inspector Shri Ramkrishna

Pawar, Zilla Peth Police Station, Jalgaon stating therein that the earlier

Investigating Officer Shri G.V. Nikam, Police Sub Inspector had submitted a

‘B’ summary report on 09/01/2017 with reference to Crime No.04/2014.

Same was rejected by the Trial Court. By this communication, taken on

record and marked as “X-1” for identification, it is stated that Shri Nikam

has thereafter submitted the “B” summary report for the second time,

after conducting further investigation. The learned Advocate for the

petitioner submits that Shri Nikam superannuated in April 2018 and

according to his instructions, “B” summary report after further

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investigations, has not been filed before the C.J.M. in Crime No.04/2014.

2.

The learned Prosecutor places on record one more communication

dated 25/03/2021 bearing O/W No.1117/2021 addressed to him by the

present P.I. , Zilla Peth Police Station, Jalgaon, with a copy of the second

“B” summary report dated 17/04/2019. Both are taken on record and

collectively marked as “X-2” for identification.

3.

It is well settled that a "B" summary report has to reach the learned

C.J.M. in whose jurisdiction the police station is situated. In this case, the

learned C.J.M. would be at Jalgaon. The petitioner has voiced two

concerns. Firstly, Shri Nikam could not have submitted a “B” summary

report after his superannuation and secondly, the “B” summary report

dated 17/04/2019, has not reached the C.J.M.

4.

As such, we are disposing off this petition with the following

directions :-

[a]

In the event, the ”B” summary report dated 17/04/2019 has not

been tendered to the learned Chief Judicial Magistrate, Jalgaon, the same

shall be done within 7 days from today. Consequentially, respondent No.3

District Supdt. of Police, Jalgaon shall initiate disciplinary action against

that S.H.O. of Zilla Peth Police Station, who is responsible for having failed

in his duties in not submitting the “B” summary report with promptitude.

khs/Mar.2021/1377-d

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[b]

Needless to state, if the “B” summary report is already filed, the

directions set out in clause “A” hereinabove would be rendered redundant.

[c]

The learned C.J.M. shall follow the procedure and issue notice to

the petitioner/original informant calling for his protest say/reply/written

statement by giving him a reasonable opportunity of atleast 15 days.

[d]

After the reply of the informant is tendered, the learned C.J.M.

would post the matter for hearing by giving at least 10 days time to the

parties and after the oral hearing is completed, the learned C.J.M. would

decide the fate of the “B” summary report, within 15 days thereafter.

[e]

In the event, the petitioner finds that his grievance is not redressed

or is aggrieved by the order of the learned C.J.M., he shall avail of the

legal remedy, as is permissible in Law.

5.

The learned Advocate for the informant prays for costs of

Rs.1,00,000/- from the State since he has been made to run from pillar to

post and approach this Court on two occasions. The learned Prosecutor

submits that neither the State nor the Investigating Officer have any

animosity towards the informant. The learned Advocate for the informant

submits that the Investigating Officer may not have animosity towards him,

but has great affinity towards the accused. We assure the informant that

these aspects would be considered by us if he ag