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Bombay High Court

JASMEETSINGH ANAND AND ORSversusTHE STATE OF MAHARASHTRA AND ANR

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The Court dismissed Criminal Application No.608 of 2019 as the matter is pending further investigation under Section 173(8) of the Criminal Procedure Code.

Summary

The applicants failed to appear before the High Court on the scheduled date for Criminal Application No.608 of 2019. The respondent's counsel informed the Court that the police had filed a "B" Summary Report, which the complainant challenged by filing a protest petition (C.C. No.3605/MISC./2022). The Judicial Magistrate, First Class, Railway Court, Andheri, allowed the protest petition and ordered further investigation under Section 173(8) of the Criminal Procedure Code. The magistrate’s order was taken on record, and the investigation is ongoing with a next hearing set for 18 February 2026, by which time a report is expected. In view of the pending investigation, the High Court dismissed the criminal application.

Issues considered

  • Whether the criminal application can be entertained when the investigating officer has been directed to conduct further investigation under Section 173(8) CrPC

Legislation cited

Subjects

  • criminal application
  • summary report
  • protest petition
  • further investigation
  • Section 173(8) CrPC
  • dismissal
  • non-appearance

Judgment

                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CRIMINAL APPELLATE JURISDICTION

                                        CRIMINAL APPLICATION NO.608 OF 2019
                     Jasmeetsingh Anand and Ors.                                          .. Applicants
                                 Vs.
                     State of Maharashtra,
                     Through Meghwadi Police Station, Andheri, Mumbai and Anr.            .. Respondents


                     None for the Applicant.
                     Ms. Gauri S. Rao, APP for Respondent No.1-State of Maharashtra.


                                                                CORAM : GAUTAM A. ANKHAD, J.
                                                                DATE     : 23RD JANUARY 2026.
                     P.C. :

                     1.       This matter was listed on 22nd January 2026 when no one appeared for the
                     Applicants. Even today, no one appears for the Applicants.

                     2.       Ms. Rao, learned APP, on instructions, informs the Court that “B” Summary
                     Report was filed by the police against which the Complainant filed a Protest Petition
                     in C.C. No.3605/MISC./2022. After hearing the parties, the learned Judicial
                     Magistrate, First Class, Railway Court, Andheri, Mumbai has by a reasoned order
                     dated 12th December 2025 allowed the Protest Petition of the Complainant and
                     directed the Investigating Officer to carry out further investigation under Section
                     173(8) of Cr.P.C. The said order is taken on record and marked “X” for identification.
                     The learned APP further informs the Court that the matter is under further
                     investigation and the next date before the learned Magistrate is 18 th February 2026 by
                     which time, the report is likely to be filed.

                     3.       In view thereof, Criminal Application No.608 of 2019 is dismissed.


                                                                           [ GAUTAM A. ANKHAD, J. ]
         Digitally
         signed by                                               1/1
SNEHA SNEHA
      ABHAY DIXIT 8-APL-608-2019.doc
ABHAY Date:                                                                                        Dixit
DIXIT 2026.01.23
      17:57:32
         +0530


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