Bombay High Court

SALIL SRIRAM SHETTYversusTHE STATE OF MAHARASHTRA

Decided: 27 August 2026
Disposal: Disposed Off

Holding

A criminal application does not survive after a C‑Summary Report has been filed before the magistrate; the complainant must file a protest petition to challenge it.

Summary

The applicant, Shashindra Sundar Shetty, filed a criminal application (No. 1578 of 2019) challenging a C‑Summary Report that had been filed before the concerned magistrate. The court observed that once a C‑Summary Report is filed, the criminal application cannot proceed and must be withdrawn. The court directed the complainant to file a protest petition, as prescribed by law, to contest the C‑Summary Report. Consequently, the criminal application was disposed of, and the pending interim application (No. 109 of 2020) was also dismissed. The court granted leave for the applicant to revive the matter if any difficulty arises in the future.

Issues considered

What is the effect of filing a C‑Summary Report on a pending criminal application?
Whether the complainant can challenge the C‑Summary Report through a protest petition.

Subjects

Criminal Procedure Code
C‑Summary Report
Protest Petition
Application disposal
Interim application

Judgment

17.APL.1578.2019.doc

HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO.1578 OF 2019

Shashindra Sundar Shetty .. Applicant
Versus
The State of Maharashtra .. Respondent

WITH
INTERIM APPLICATION NO.109 OF 2020
IN
CRIMINAL APPLICATION NO.1578 OF 2019

Salil Sriram Shetty .. Applicant
IN THE MATTER BETWEEN:
Shashindra Sundar Shetty .. Applicant
Versus
The State of Maharashtra .. Respondent
....................
 Mr. Abhishek Ulhas Arote, Advocate i/by Mr. Satyam Harshad
Nimbalkar for Applicant.
 Ms. Anuja S. Gotad, APP for Respondent – State.
 Mr. S. C. Wakankar, Advocate for Applicant in Interim Application.
 PSI – Bhosale, Deccan Police Station, Pune
...................

CORAM : MILIND N. JADHAV, J.
DATE : AUGUST 27, 2026
P.C.:

1. Heard Mr. Arote, learned Advocate for Applicant; Ms. Gotad,

learned APP for Respondent – State and Mr. Wakankar, learned

Advocate for Applicant in Interim Application.

2. Criminal Application does not survive since C-Summary

Report has been filed before concerned Magistrate.

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17.APL.1578.2019.doc

3. In that view of the matter, Complainant is required to file

Protest Petition in accordance with law to challenge the same.

4. In so far present Application is concerned, the same is

disposed with leave and liberty to revive the same in the event of any

difficulty later.

5. Criminal Application is disposed. In view of disposal of

Criminal Application, pending Interim Application is also disposed.

H. H. SAWANT [ MILIND N. JADHAV, J. ]

Digitally signed
HARSHADA by HARSHADA
HANUMANT
HANUMANT SAWANT
SAWANT Date: 2026.08.27
14:55:18 +0530

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