Bombay High Court

VARSHA W/O DEVIDAS INDOREversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The petition is dismissed, but the petitioner is permitted to challenge the ‘B’ summary report by filing a protest petition before the trial court.

Summary

The petitioner, Varsha, filed a criminal writ petition seeking a direction for the police to conduct an investigation and submit a report in Crime No.101/2023, which involved offences under Sections 302, 120‑B read with 34 of the Indian Penal Code. The High Court had previously held that once the investigating officer files a ‘B’ summary report, the petitioner may protest that report before the trial court. The petitioner argued that the investigating officer acted contrary to the magistrate’s order under Section 156(3) of the Criminal Procedure Code, and therefore a fresh direction was required. The Court noted that the petitioner already possessed a statutory remedy to challenge the ‘B’ summary report through a protest petition. Consequently, the Court disposed of the writ petition but granted the petitioner liberty to file a protest against the ‘B’ summary report in the appropriate trial court. The decision underscores that the court will not duplicate the investigative process where a procedural remedy is available.

Issues considered

Whether the High Court should direct a fresh investigation and report in the present case despite the filing of a ‘B’ summary report.
Whether the petitioner has an adequate remedy to protest the ‘B’ summary report under the provisions of the Criminal Procedure Code.

Legislation cited

Code of Criminal Procedure, 1973 — s. 156(3)
Indian Penal Code, 1860 — s. 120-B, 302, 34

Subjects

criminal procedure
investigation
Section 156(3) CrPC
protest petition
B summary report
murder
conspiracy
high court writ petition

Judgment

2026:BHC-AUG:44678-DB

                                                                             1551.23WP

                                                 1

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                        20 CRIMINAL WRIT PETITION NO.1551 OF 2023

                                 VARSHA W/O.DEVIDAS INDORE
                                              VERSUS
                           THE STATE OF MAHARASHTRA & OTHERS
                                                  ...
                          Advocate for the petitioner : Mrs.Pooja V.Langhe
                          APP for Respondent-State : Mr.Rajdeep D. Raut
                                                  …

                                       CORAM :       SANDIPKUMAR C. MORE &
                                                     VAISHALI PATIL-JADHAV,JJ.

                                       DATE      :   28.09.2026
                 P.C. :


                 1]           Heard. Though the petitioner has sought direction

                 to conduct investigation and to submit report in Crime

                 No.101/2023, registered with Begumpura Police Station,

                 Aurangabad for the offence punishable under Section 302,

                 120-B r/w. 34 of the Indian Penal Code. However, this Court

                 vide order dated 15.04.2024 had already expressed its

                 opinion that when ‘B’ final summary report is filed by the

                 Investigating Officer in this crime, the petitioner would be

                 having an opportunity to protest it before the trial Court.



                 2]           Though the learned counsel for the petitioner

                 submits that the Investigating Officer acted against the
                                                       1551.23WP

                               2

direction   of   the   concerned   Magistrate,   who   issued

investigation under Section 156 (3) of the Criminal Procedure

Code, but when the petitioner is already having remedy of

filing protest petition against the said ‘B’ summary report

liberty can be given to the petitioner to that effect while

disposing of this petition.



3]          In view of the same, the Writ Petition stands

disposed of, with liberty to the petitioner to challenge the

aforesaid ‘B’ summary report by filing necessary protest

petition before the concerned trial Court.




[VAISHALI PATIL-JADHAV]            [SANDIPKUMAR C.MORE]
        JUDGE                           JUDGE

DDC

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