Interim Order 1

Order Details: Order
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IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS)
ANDHERI, MUMBAI.
C.C.NO.826/MISC/2018
Pratima Ashok Kumar … Applicant
V/s
State of Maharashtra
(The Senior Inspector of Police
Versova Police Station) … Respondent
ORDER BELOW EXH.NO.07
(Passed on 19/07/2024)
In response to the order passed by the learned predecessor of this
Court on 06/10/2022, the investigating officer of the said crime filed the
report on 09/07/2024. After going through the report, the informant moved
this application interalia alleging that the report filed by the concerned
investigating officer is not in a specific format and therefore, she sought the
directions against the concerned police station to file the report in the
prescribed format.
2. On 09/07/2024, the accused, Ramesh Virumal Nainani, filed the
application for grant of permission to participate in the present proceeding.
This application is allowed.
3. The learned advocate for the accused opposed the application moved
by the informant.
4. Having heard the learned advocates for both the sides, I perused the
record.
5. In the present case on hand, the accused is alleged to have committed
the offence punishable under section 354, 509 and 500 of Indian Penal Code.
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After completion of investigation, the concerned Investigating Officer filed the
“B” Summary report against the accused on 18/12/2018 and thereby
submitted that the informant had lodged the false complaint against the
accused. The learned predecessor of this Court issued the notice to the
informant to file her say in this matter.
6. On 09/08/2019, the informant, Pratima Ashok Kumar Rai, filed the
protest petition against the said “B' Summary report on several grounds. The
learned predecessor of this Court passed the order on 06/10/2022 on that
protest petition and directed the officer Incharge of Police Station Versova to
conduct further investigation and submit the report.
7. In response to the order dated 06/10/2022, the Senior Police
Inspector, Police Station Versova filed the report. The report was seen on
09/07/2024 and the informant was directed to take note of the said report.
8. On 09/07/2024, the informant filed the present application on hand
on the ground that the said report is not in prescribed format and therefore,
the informant prayed to direct the concerned police station to file the report
as per the provision of 173 of the Code of Criminal Procedure.
9. Having gone through the report dated 14/02/2023, which was filed in
response to the order passed by this Court on 06/10/2022, it appears that the
concerned investigating officer has stated that there is no evidence against the
accused against whom informant had lodged the FIR for the said offence. It is
the submission of the investigating officer that the chargesheet cannot be
filed against the accused for want of sufficient evidence.
10. It would not be out of place to mention here that the concerned
investigating officer was required to submit the report in the prescribed
format. But it appears that the concerned investigating officer has addressed
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a simple letter to the Court and thereby submitted that no offence is made out
against the accused. In such circumstances, in my view, the investigating
officer ought to have filed the report in the prescribed form after completion
of investigation. In this regard, I am guided by the ratio laid down by the
Hon'ble Apex Court in the case of Dablu Kujur Vs State of Jharkhand [(Cri.)
Appeal No.1511/2024] wherein the Hon'ble Apex Court has observed that
the investigating officer is required to submit the report under section 173 of
the Code of Criminal Procedure after completion of the investigation in the
prescribed format. Moreover, the learned predecessor of this Court has
already directed the investigating officer to file the report on completion of
the investigation. In such circumstances, I am of the considered opinion that
the investigating officer is required to comply with the requirements of the
relevant provisions while filing the report on completion of the investigation.
Resultantly, I pass the following order:
ORDER
1 The investigating officer, police stationVersova is hereby directed to
submit the report in prescribed form as per the direction given by the
learned predecessor of this Court on 06/10/2022.
2 Having regard to the long pendency of the proceeding, the concerned
investigating officer is directed to comply the directions within one
month.
Sd/
(Sujitkumar C. Tayde)
Judicial Magistrate (First Class),
Date: 19/07/2024 Andheri, Mumbai.
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