KSG 16-WP-993-2013.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.993 OF 2013 Rajendra Rameshchandra Chaturvedi … Petitioner V/s. The State of Maharashtra & Anr … Respondents WITH CRIMINAL APPLICATION NO.437 OF 2013 IN WRIT PETITION NO.993 OF 2013 Dhiraj Vishwanath Koli … Applicant In the matter Between : Rajendra Rameshchandra Chaturvedi … Petitioner V/s. The State of Maharashtra & Anr … Respondents WITH CRIMINAL REVISION APPLICATION NO.142 OF 2013 The State of Maharashtra … Applicant V/s. Mohammad Nisar Mohammad Jafar Shaikh & Ors … Respondents WITH CRIMINAL APPLICATION NO.404 OF 2013 IN CRIMINAL REVISION APPLICATION NO.142 OF 2013 Dhiraj Vishwanath Koli … Applicant In the matter Between : The State of Maharashtra … Applicant V/s. Mohammad Nisar Mohammad Jafar Shaikh & Ors … Respondents 1/4 KSG 16-WP-993-2013.doc _______________________________________ Mr. Girish Kulkarni, Senior Advocate i/b Mr. M.G. Shukla for the Petitioner in WP/993/2013. Ms. S.D. Khot a/w Ms. Ameeta Kuttikrishnan for the Intervener in APPW/437/2013 and 404/2013. Mr. J.P. Yagnik, A.P.P. for the State of Maharashtra. Mr. Shankar Pawale, P.I. attached to C.I.D., Kokan Bhawan, New Mumbai. _______________________________________ CORAM : A. S. GADKARI AND KAMAL KHATA, JJ. DATE : 27th JULY, 2026 P.C. : 1) The Writ Petition No.993 of 2013, is filed by Accused No.5- Rajendra R. Chaturvedi in CR No.42 of 2007, which has culminated in to C.C. No.128/B-SUM/2009, (Old No. CC.No. 23/SUM./08), for acceptance of ‘B-Summary Report’ dated 13th February, 2008, filed by the investigating Officer attached to the State C.I.D., Kokan Bhavan, Navi Mumbai. 1.1) The Criminal Application No.437 of 2013 and Criminal Application No.404 of 2013, which are filed by Accused No.2 for intervention, inter alia, requesting this Court to accept the said ‘B-Summary Report’ and quash the Order dated 30th January, 2013, passed by the learned Metropolitan Magistrate, (10th Court), Andheri, Mumbai. 1.2) Criminal Revision Application No.142 of 2013, is filed by the investigating Officer of State C.I.D. seeking similar reliefs i.e. (i) to accept the said ‘B-Summary Report’ and (ii) to quash and set aside the Order dated 30 th January, 2013. 2/4 KSG 16-WP-993-2013.doc 2) Heard Mr.Kulkarni, learned Senior Counsel for the Petitioner, Ms. Khot, learned Advocate for the Intervener and Mr.Yagnik, learned A.P.P. for the State. Perused entire record. 3) Perusal of record and particularly the impugned Order dated 30th January, 2013, clearly indicates that, after completion of investigation of the said crime the police reached to a conclusion that, the informant had filed false case against the accused persons. Therefore after completion of investigation, the investigating Officer had filed the said ‘B-Summary Report’ (with prosecution) against the concerned persons. The said report requests the proceedings against the accused persons be dropped as, on earlier occasion, a report under Section 169 of Criminal Procedure Code, 1973 had been filed. Record indicates that, the learned Magistrate instead of accepting the said ‘B-Summary Report’, rejected the prayer of the State C.I.D. to discharge some of the accused persons under Section 169 of the Criminal Procedure Code, 1973. 4) Perusal of record further indicates that, the impugned Order is contrary to the evidence collected by the investigating agency during the investigation of the said crime and learned Magistrate ought to have accepted the Summary Report along with report under Section 169 of Criminal Procedure Code, 1973 filed by the investigating agency. Notably the investigating agency did not find any material against the concerned accused persons and therefore had filed ‘B-Summary Report’. 3/4 KSG 16-WP-993-2013.doc 5) In view of the above, the impugned Order dated 30th January, 2013, is quashed and set aside and the ‘B-Summary Report’ filed by the State C.I.D., Kokan Bhavan, Navi Mumbai alongwith report submitted under Section 169 of Criminal Procedure Code, 1973, against the some of the accused persons is accepted. 6) Writ Petition as well as Criminal Revision Application is allowed in the aforesaid terms. 7) In view of disposal of Writ Petition and Criminal Revision Application, the Criminal Application Nos.437 of 2013 and Criminal Application Nos.404 of 2013, do not survive and are accordingly disposed off. ( KAMAL KHATA, J. ) ( A.S. GADKARI, J. ) 4/4 KIRAN SANJAY GHUGE Digitally signed by KIRAN SANJAY GHUGE Date: 2026.08.01 11:48:08 +0530