Bombay High Court

IVAN CYRIL D'SOUZAversusTHE STATE OF MAHARASHTRA AND ORS.

Decided: 10 July 2026
Disposal: Disposed Off
Bench: A S GADKARI KAMAL KHATA

Holding

The petition was held to be infructuous and was disposed of.

Summary

The petitioner, Ivan Cyril D’Souza, filed a writ petition challenging the investigation in a criminal matter. The police, after completing their investigation, filed an A‑Summary Report before the Judicial Magistrate First Class, Court No.8, Thane on 9 March 2023. The Respondent State, through its Assistant Public Prosecutor, submitted that the filing of the summary report rendered the petition moot. The Court examined whether the petition retained any purpose after the summary report was filed. Finding that the filing of the report concluded the investigative stage and left no issue for the Court to entertain, the judges held the petition infructuous. Consequently, the petition was disposed of.

Issues considered

Whether a writ petition challenging a criminal investigation remains maintainable after the police files an A‑Summary Report before the magistrate

Subjects

Criminal Procedure Code
Summary Report
Judicial Review
Petition infructuous
Disposition of writ petition

Judgment

                           sns                                              57-WP-4378-2019.doc




                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                           CRIMINAL APPELLATE JURISDICTION

                                             WRIT PETITION NO.4378 OF 2019

                      Ivan Cyril D’Souza                                      … Petitioner

                               V/s.

                      The State Of Maharashtra & Ors                          … Respondents



                      Mr. Subir Sarkar a/w. Adv. Sumit Erande for the Petitioner.
                      Smt. P. P. Shinde, APP for the Respondent-State.
                      Mr. Amol Zagade, PSI, Rabodi Police Station, present.


                                                       CORAM :  A. S. GADKARI AND
                                                                KAMAL KHATA, JJ.
                                                         DATE : 10th July, 2026

                      P.C.:-

                      1)              Learned APP on instructions from Mr. Zagade submitted that,

                      after completion of investigation, Police have filed ‘A-Summary Report’ in

                      the Court of Judicial Magistrate First Class, (Court No.8), Thane on 9 th

                      March, 2023.

                      2)              In view thereof, the Petition has become infructuous and is

                      accordingly disposed off.



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


         Digitally
         signed by
         SUMEDH
                                                                                                  1/1
SUMEDH   NAMDEO
NAMDEO   SONAWANE
SONAWANE Date:
         2026.07.15
         13:32:06
         +0530

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