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Bombay High Court

SARASWATI W/O SAHDEV NANAVARE AND ANR.versusTHE STATE OF MAHARASHTRA AND ORS.

Decided
Disposal
Disposed Off

Holding

The court held that the petitioner's grievance does not survive and the writ petition is dismissed.

Summary

The petitioners, Saraswati and others, filed a writ petition challenging the filing of a B‑Summary Report (CR No.176 of 2016) by the police before the Judicial Magistrate First Class, Vadgaon, Maval on 26 September 2018. The respondent State, through its Assistant Public Prosecutor, submitted an affidavit of Assistant Police Inspector Uma B. Gawade confirming that the report had indeed been filed. The court examined whether the petitioner's grievance regarding this filing was maintainable. Relying on the affidavit and the procedural compliance of the police, the court found no merit in the petitioner's contentions. Consequently, the court held that the grievance did not survive and ordered the petition to be disposed of.

Issues considered

  • Whether the petitioner's grievance concerning the filing of the B‑Summary Report is maintainable?

Subjects

  • writ petition
  • criminal procedure
  • B‑Summary Report
  • petition dismissed
  • Maharashtra

Judgment

                             sns                                              8-WP-3139-2018.doc




                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                           CRIMINAL APPELLATE JURISDICTION

                                             WRIT PETITION NO.3139 OF 2018

                      Saraswati W/o Sahdev
                      Nanavare & Anr.                                          … Petitioners

                               V/s.

                      The State of Maharashtra & Ors.                          … Respondents



                      Mr. Abhishek Bhat for the Petitioners.
                      Mr. Vinod Chate, APP for the Respondent-State.
                      Ms. Uma Gawade, API, Talegaon Dabhade Police Station, present.


                                                       CORAM :   A. S. GADKARI AND
                                                                 KAMAL KHATA, JJ.
                                                          DATE : 2nd July, 2026

                      P.C.:-

                      1)              Learned APP on instructions submitted that, after completion

                      of investigation of CR No.176 of 2016 i.e. present crime, the police have

                      filed ‘B-Summary Report’ on 26 th September, 2018 before the Judicial

                      Magistrate First Class, Vadgaon, Maval.

                      1.1)            He tendered across the bar Affidavit of Smt. Uma B. Gawade,

                      Assistant Police Inspector, Talegaon Dabhade Police Station, Pimpri

                      Chinchwad Police Commissionerate, District Pune, stating the said fact on

                      oath. The same is taken on record.

         Digitally
         signed by

SUMEDH
NAMDEO
         SUMEDH
         NAMDEO
         SONAWANE
                                                                                                   1/2
SONAWANE Date:
         2026.07.07
         10:45:40
         +0530
     sns                                                8-WP-3139-2018.doc

2)            In view of the above, the grievance of the Petitioner does not

survive and the Petition is accordingly disposed off.



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




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