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Bombay High Court

THE STATE OF MAHARASHTRAversusMOHAMMAD NISAR MOHAMMAD JAFAR SHAIKH AND ORS

Decided
Disposal
Allowed

Holding

The magistrate’s order refusing to accept the ‘B‑Summary Report’ and to discharge the accused under Section 169 CrPC is unlawful and must be quashed.

Summary

The petitioner, accused No.5 Rajendra R. Chaturvedi, filed a writ petition challenging a Metropolitan Magistrate's order dated 30 January 2013 that refused to accept a ‘B‑Summary Report’ filed by the State CID and to discharge certain accused under Section 169 of the Criminal Procedure Code, 1973. The CID had concluded that the informant’s complaint was false and submitted the summary report requesting that proceedings be dropped. The magistrate rejected the report and ordered continuation of the prosecution. The Court examined the investigation records and found that the CID had not uncovered any material evidence against the accused, rendering the magistrate’s order contrary to the evidence. Consequently, the Court quashed and set aside the magistrate’s order, accepted the ‘B‑Summary Report’ and the Section 169 report, and allowed the writ petition and the accompanying criminal revision. The related criminal applications for intervention were thereafter disposed of as they no longer survived.

Issues considered

  • What is the appropriate legal effect of a ‘B‑Summary Report’ filed by the investigating agency under Section 169 of the Criminal Procedure Code, 1973?
  • Whether the Metropolitan Magistrate was justified in refusing to accept the summary report and discharge the accused?
  • Whether the order dated 30 January 2013 should be quashed and set aside?

Legislation cited

Subjects

  • summary report
  • Section 169 CrPC
  • discharge of accused
  • writ petition
  • criminal revision
  • magistrate order
  • quash
  • investigating agency

Judgment

KSG                                                  16-WP-993-2013.doc



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CRIMINAL APPELLATE JURISDICTION

                     WRIT PETITION NO.993 OF 2013

Rajendra Rameshchandra Chaturvedi                   … Petitioner
      V/s.
The State of Maharashtra & Anr                      … Respondents
                                WITH
                 CRIMINAL APPLICATION NO.437 OF 2013
                                 IN
                    WRIT PETITION NO.993 OF 2013

Dhiraj Vishwanath Koli                              … Applicant
In the matter Between :
Rajendra Rameshchandra Chaturvedi                   … Petitioner
      V/s.
The State of Maharashtra & Anr                      … Respondents
                                 WITH
             CRIMINAL REVISION APPLICATION NO.142 OF 2013
The State of Maharashtra                            … Applicant
      V/s.
Mohammad Nisar Mohammad Jafar Shaikh & Ors          … Respondents
                                WITH
                 CRIMINAL APPLICATION NO.404 OF 2013
                                  IN
             CRIMINAL REVISION APPLICATION NO.142 OF 2013

Dhiraj Vishwanath Koli                              … Applicant
In the matter Between :
The State of Maharashtra                            … Applicant
      V/s.
Mohammad Nisar Mohammad Jafar Shaikh & Ors          … Respondents

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KSG                                                           16-WP-993-2013.doc



                 _______________________________________
Mr. Girish Kulkarni, Senior Advocate i/b Mr. M.G. Shukla for the Petitioner in
WP/993/2013.
Ms. S.D. Khot a/w Ms. Ameeta Kuttikrishnan for the Intervener in
APPW/437/2013 and 404/2013.
Mr. J.P. Yagnik, A.P.P. for the State of Maharashtra.
Mr. Shankar Pawale, P.I. attached to C.I.D., Kokan Bhawan, New Mumbai.
                  _______________________________________

                           CORAM : A. S. GADKARI AND
                                   KAMAL KHATA, JJ.
                           DATE  : 27th JULY, 2026
P.C. :
1)           The Writ Petition No.993 of 2013, is filed by Accused No.5-

Rajendra R. Chaturvedi in CR No.42 of 2007, which has culminated in to

C.C. No.128/B-SUM/2009, (Old No. CC.No. 23/SUM./08), for acceptance of

‘B-Summary Report’ dated 13th February, 2008, filed by the investigating

Officer attached to the State C.I.D., Kokan Bhavan, Navi Mumbai.

1.1)         The Criminal Application No.437 of 2013 and Criminal

Application No.404 of 2013, which are filed by Accused No.2 for

intervention, inter alia, requesting this Court to accept the said ‘B-Summary

Report’ and quash the Order dated 30th January, 2013, passed by the learned

Metropolitan Magistrate, (10th Court), Andheri, Mumbai.

1.2)         Criminal Revision Application No.142 of 2013, is filed by the

investigating Officer of State C.I.D. seeking similar reliefs i.e. (i) to accept the

said ‘B-Summary Report’ and (ii) to quash and set aside the Order dated 30 th

January, 2013.



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KSG                                                       16-WP-993-2013.doc



2)          Heard Mr.Kulkarni, learned Senior Counsel for the Petitioner,

Ms. Khot, learned Advocate for the Intervener and Mr.Yagnik, learned A.P.P.

for the State. Perused entire record.

3)          Perusal of record and particularly the impugned Order dated 30th

January, 2013, clearly indicates that, after completion of investigation of the

said crime the police reached to a conclusion that, the informant had filed

false case against the accused persons. Therefore after completion of

investigation, the investigating Officer had filed the said ‘B-Summary Report’

(with prosecution) against the concerned persons. The said report requests

the proceedings against the accused persons be dropped as, on earlier

occasion, a report under Section 169 of Criminal Procedure Code, 1973 had

been filed. Record indicates that, the learned Magistrate instead of accepting

the said ‘B-Summary Report’, rejected the prayer of the State C.I.D. to

discharge some of the accused persons under Section 169 of the Criminal

Procedure Code, 1973.

4)          Perusal of record further indicates that, the impugned Order is

contrary to the evidence collected by the investigating agency during the

investigation of the said crime and learned Magistrate ought to have

accepted the Summary Report along with report under Section 169 of

Criminal Procedure Code, 1973 filed by the investigating agency. Notably the

investigating agency did not find any material against the concerned accused

persons and therefore had filed ‘B-Summary Report’.

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                     KSG                                                      16-WP-993-2013.doc



                     5)          In view of the above, the impugned Order dated 30 th January,

                     2013, is quashed and set aside and the ‘B-Summary Report’ filed by the State

                     C.I.D., Kokan Bhavan, Navi Mumbai alongwith report submitted under

                     Section 169 of Criminal Procedure Code, 1973, against the some of the

                     accused persons is accepted.

                     6)          Writ Petition as well as Criminal Revision Application is allowed

                     in the aforesaid terms.

                     7)          In view of disposal of Writ Petition and Criminal Revision

                     Application, the Criminal Application Nos.437 of 2013 and Criminal

                     Application Nos.404 of 2013, do not survive and are accordingly disposed

                     off.


                                 ( KAMAL KHATA, J. )                   ( A.S. GADKARI, J. )




         Digitally
         signed by
         KIRAN
KIRAN SANJAY
SANJAY GHUGE
GHUGE Date:
       2026.08.01
         11:48:08
         +0530



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