Bombay High Court
JASMEETSINGH ANAND AND ORSversusTHE STATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Dissmiss For Default/Non-Prosecution
- Bench
- GAUTAM A ANKHAD
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
- Code of Criminal Procedure, 1973 — s. 173(8)
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
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