Bombay High Court

RADHESHYAM GANGABHISHAN SOMANI AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: DISMISSED

Holding

The application is dismissed as infructuous, without adjudicating on its merits.

Summary

The applicant filed a B-summary before the competent court, which has not yet been accepted by the civil court. The applicant sought relief based on the pending acceptance of the summary. The court examined whether the application could be entertained in the absence of acceptance of the B-summary. It held that the application was infructuous because the required summary had not been accepted. Consequently, the court dismissed the application without reaching the merits of the case.

Issues considered

Whether the application is maintainable when the B-summary filed is not yet accepted by the civil court

Subjects

Criminal Procedure
B-summary
Infructuous dismissal
Application dismissed

Judgment

                                                            944-APPLN-2072-2021.odt



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                 944 CRIMINAL APPLICATION NO. 2072 OF 2021

              Radheshyam Gangabhishan Somani And Others
                                  VERSUS
                   The State Of Maharashtra And Another
                                    …..
Mr. Kalani Pravin N., Advocate for Applicant.
Mr. S. B. Narwade, APP for Respondent – State.
Mr. A. G. Deshmukh for respondent No.2.
                                    …..

                                                    CORAM : R.M. JOSHI, J
                                                    DATE  : SEPTEMBER 9, 2026

P. C. :

1.        Learned counsel for the applicant submits that an B-summary has

been filed before the Competent Court. It is his further submission that the

said summary is yet to be accepted by the Civil Court.

2.        In view of the above, the application stands dismissed as infructuous.

However, it is clarified that this order has not been passed on merits.




                                                       (R. M. JOSHI, J.)




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Kiran Kawre

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