Bombay High Court

SADASHIV S/O. TUKARAM SANAPversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The petition is disposed, allowing the petitioner to contest the pending ‘A’ summary report.

Summary

The petitioner, Sadashiv Sanap, filed a criminal writ petition seeking to quash a police letter dated 06/06/2019 that closed investigation into Crime No.588 of 2016 and to set aside a Judicial Magistrate's order dated 21/09/2019 rejecting his earlier application. The High Court examined the police inspector's closure on the ground of insufficient evidence and noted that an ‘A’ summary report (No.34 of 2019) had been filed and was pending before the Judicial Magistrate, Second Court, Beed. The Court held that the petitioner retained the right to contest the pending ‘A’ summary report. Consequently, the petition was disposed, granting the petitioner liberty to challenge the summary report, without ordering a fresh investigation.

Issues considered

What is the effect of the police inspector's closure letter on the petitioner's right to seek further investigation?
Whether the petitioner can contest the ‘A’ summary report pending before the Judicial Magistrate.
Whether the High Court should direct a fresh investigation under the writ petition.

Subjects

criminal procedure
writ petition
quashing order
summary report
investigation
judicial magistrate

Judgment

2026:BHC-AUG:46103-DB

                                                                        CRI. WP 1676-19 .




                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT AURANGABAD

                     CRIMINAL WRIT PETITION NO.1676 OF 2019

                          SADASHIV S/O. TUKARAM SANAP
                                    VERSUS
                     THE STATE OF MAHARASHTRA AND OTHERS

                                           ….
          Mr. Ankush N. Nagargoje, Advocate for the Petitioner
          Ms. M. N. Ghanekar, A.P.P. for the Respondents-State
                                           ….

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

                                   Date          :   01/10/2026


          ORDER :


          1.   Heard rival submissions.



          2.   The petition is filed for quashing and setting aside the letter

          dated 06/06/2019 and for a direction to respondent No.4 to carry

          out an investigation in connection with Crime No.588 of 2016

          registered with Shivajinagar Police Station, Beed. The petitioner also

          seeks quashing of the order dated 21/09/2019 passed by the

          learned   Judicial   Magistrate   (First   Class),   Beed,   on   the     his

          application dated 21/06/2019.




                VS Maind/                                              Page|1
                                                                    CRI. WP 1676-19 .




3.    On going through the letter dated 06/06/2019, it appears that

the concerned Police Inspector of Shivajinagar Police Station, Beed,

had closed the investigation in Crime No.588 of 2016 on the ground

that there was no sufficient evidence to file a charge-sheet against

the accused therein. Moreover, the application dated 21/06/2019

filed by the petitioner was for challenging the said letter dated

06/06/2019. However, the same was rejected by the learned

Judicial Magistrate (First Class), Beed by observing that the

concerned Investigating Officer in Crime No.588 of 2016 had filed an

‘A’ summary report and that the petitioner had every right to contest

the same, if it was filed before the learned Judicial Magistrate (First

Class), Beed.



4.    By order dated 20/08/2026, this Court had observed that the

learned APP had sought time to take instructions as to the status of

the ‘A’ summary report in Crime No.588 of 2016. Accordingly, the

learned   APP     has     placed    on   record    a   communication        dated

22/09/2026, mentioning that the concerned Shivajinagar Police

Station, Beed, had filed ‘A’ Summary Report No.34 of 2019 dated

18/06/2019 before the learned Judicial Magistrate (First Class),

2nd   Court,      Beed,    and     the   same     is   pending.   Under      such

circumstances, the petitioner, as per the order dated 21/09/2019


      VS Maind/                                                   Page|2
                                                           CRI. WP 1676-19 .




passed by the learned Judicial Magistrate (First Class), Beed, can

very well contest the said ‘A’ summary report.



5.   In view of the above, the present petition is disposed of with

liberty to the petitioner to challenge the said ‘A’ summary report,

which is pending before the learned Judicial Magistrate (First Class),

2nd Court, Beed.




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




      VS Maind/                                          Page|3

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