Bombay High Court

DINESH BABULAL MALIversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The writ petition is dismissed as the petitioner must challenge the 'C' summary in the pending criminal miscellaneous application.

Summary

Dinesh Babulal Mali filed a criminal writ petition seeking a direction for a de novo investigation under FIR No. 273 of 2012. The Court observed that a Criminal Miscellaneous Application No. 47 of 2024 is pending before the Judicial Magistrate, First Class, Dhule, where a 'C' summary report had been filed and rejected. The petition was essentially an attempt to bypass the pending proceedings. The Court held that the petitioner should challenge the 'C' summary within the existing criminal miscellaneous application rather than through a writ petition. Consequently, the writ petition was disposed of, with liberty granted to the petitioner to raise the challenge in the pending application.

Issues considered

Whether a writ petition can be entertained for a direction of de novo investigation when a criminal miscellaneous application is pending.
Whether the petitioner should challenge the 'C' summary report through the pending criminal miscellaneous application.

Subjects

criminal procedure
writ petition
de novo investigation
C-summary
criminal miscellaneous application
jurisdiction
high court

Judgment

2026:BHC-AUG:39846-DB

1 918 CRIMINAL WRIT PETITION NO. 419 OF 2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
918 CRIMINAL WRIT PETITION NO. 419 OF 2022

DINESH BABULAL MALI
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…..
Adv. P. N. Shejul h/f Adv/ D. S. Bagul, Advocate for the Petitioner
Adv. S. J. Salgare, APP for Respondents-State
…..

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

DATED : 27/08/2026
Per Court:

. Though the learned counsel for the petitioner seeks time to

take instructions, but the petition appears to be filed for direction

to concerned Investigating Officer for de novo investigation

pursuant to FIR No. 273 of 2012 registered with Taluka Police

Station, Dhule. However, the report of Resource Personnel of this

Court indicates that Criminal Misc. Application No. 47 of 2024 is

registered and it is pending with the concerned Judicial Magistrate,

First Class, Dhule.

2. The learned APP, on instructions, submits that in the

aforesaid crime 'C' Summary was filed by the concerned

Investigating Officer earlier, but the same was rejected by the

concerned Judicial Magistrate, First Class. Thereafter, upon
2 918 CRIMINAL WRIT PETITION NO. 419 OF 2022

transfer of earlier Investigating Officer, the subsequent Investigating

Officer also filed a 'C' Summary report again in the concerned

Court of Judicial Magistrate, First Class, Dhule. The earlier

Criminal Misc. Application renumbered as Criminal Misc. No. 47 of

2024 and the status report of the same indicates that presently it is

pending in the Court of 2nd Jt. Civil Judge Junior Division and

Judicial Magistrate, First Class, Dhule and next date is kept on

19.09.2026. Under such circumstances, the petitioner can

challenge the said 'C' Summary in the aforesaid Criminal Misc.

Application by filing appropriate proceeding.

3. Under such circumstances, nothing survives in this petition

and it stands disposed of, with liberty to the petitioner to challenge

the “C-sumary” report in Criminal Misc. Application No. 47 of 2022

pending in the court of 2nd Jt. Civil Judge, Junior Division and

Judicial Magistrate, First Class, Dhule.

( VAISHALI PATIL-JADHAV, J. ) ( SANDIPKUMAR C. MORE, J. )

shivani/

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