Bombay High Court

ABHAY VENKATESH PRABHUversusSTATE OF GOA THR. ITS CHIEF SECRETARY AND 4 ORS.

Disposal: Disposed of
Bench: AMIT S JAMSANDEKAR

Holding

The order dated 11.02.2026 is quashed and set aside.

Summary

Abhay Venkatesh Prabhu filed a criminal revision challenging the order of the Judicial Magistrate First Class at Ponda dated 11.02.2026, which had accepted the prosecution's 'A' Summary Report. The petitioner alleged that, although notice of the hearing was received, the copy of the 'A' Summary Report was not furnished to him, and the proceedings were concluded without it. The High Court found no record that the report had been provided and held that this breach of the right to be heard warranted setting aside the order. Consequently, the order was quashed and set aside, and the matter was listed for fresh hearing on 13.07.2026 with directions to be issued by the trial court. The petition was thereafter disposed.

Issues considered

Whether the failure to furnish the 'A' Summary Report to the petitioner violates principles of natural justice and justifies quashing the trial court's order.

Subjects

criminal revision
summary report
natural justice
right to be heard
procedural fairness
quash order
Goa

Judgment

2026:BHC-GOA:1335                            15 CRIR. 16 OF 2026.




                Siddhi
                          IN THE HIGH COURT OF BOMBAY AT GOA

                     CRIMINAL REVISION APPLICATION NO. 16 OF 2026

                ABHAY VENKATESH PRABHU                               ... APPLICANT
                Versus
                STATE OF GOA, THR. ITS CHIEF
                SECRETARY AND 4 ORS.                                 ... RESPONDENTS

                Mr. S.N. Joshi with Mr. Sairaj Shetye, Advocate for the Petitioner
                appointed under Free Legal Aid Scheme.

                Mr. Nikhil Vaze, Additional Public Prosecutor for Respondent Nos.1
                and 2.

                Mr. Swapnil Dessai, Advocate for Respondent Nos. 3, 4 and 5.

                                           CORAM:- AMIT S. JAMSANDEKAR,J.
                                           DATED :- 7th July, 2026

                P.C.


                1.       Heard Mr. S. N. Joshi, learned Advocate for the Petitioner.

                2.       The Petitioner has approached this Court seeking to challenge

                the order dated 11.02.2026 passed by the learned Judicial Magistrate

                First Class at Ponda, Goa, whereby the learned Trial Court was

                pleased to accept the 'A' Summary Report filed by the prosecution.

                3.       The grievance of the Petitioner is that though the notice issued

                by the learned Trial Court was received by the Petitioner, a copy of




                                                    Page 1 of 3
                                                    7th July, 2026
                           15 CRIR. 16 OF 2026.




the 'A' Summary Report filed by the prosecution was not furnished to

the Petitioner. Therefore, on the scheduled date of hearing, though

the Advocate appearing on behalf of the Petitioner remained present

in the proceedings, the proceedings were concluded without

furnishing a copy of the 'A' Summary Report to the Petitioner.

4.     There is nothing on record, nor is there any mention in the

roznama, that a copy of the 'A' Summary Report was furnished to the

Petitioner.

5.     Though I find there is nothing wrong with the order passed by

the Trial Court, however, in view of the submissions made on behalf

of the Petitioner that the A Summary Report was not given to the

Petitioner, the order dated 11.02.2026 requires to be quashed and set

aside and accordingly quashed and set aside.

6.     Mr Joshi, learned counsel for the Petitioner, confirms that the

Petitioner has now received a copy of the 'A' Summary Report.

7.     The matter shall be listed on the cause list of the learned Trial

Court on 13.07.2026. The learned Trial Court shall thereafter issue

appropriate directions and proceed with the matter in accordance

with law.




                                  Page 2 of 3
                                  7th July, 2026
                                                                 15 CRIR. 16 OF 2026.




                                  8.       However, it is made clear that the application filed by the

                                  prosecution shall be disposed of within a period of two months from

                                  today.

                                  9.       Mr. Joshi, learned counsel for the Petitioner confirms that no

                                  further notice is required to be issued to the Petitioner for the

                                  scheduled hearing before the learned Trial Court on 13.07.2026.

                                  10.      The Petition stands disposed of.

                                  11.      This   order   will    be    digitally         signed   by   the   Private

                                  Secretary/Personal Assistant of this Court. All concerned will act on

                                  production by fax or email of a digitally signed copy of this order.




                                                                                         AMIT S. JAMSANDEKAR, J.




Signed by: SHAKUNTALA ZALMI
Designation: Personal Assistant
Date: 09/07/2026 14:46:56                                               Page 3 of 3
                                                                        7th July, 2026

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