1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO.1267/2005 Petitioner : - Dr. (Mrs.) Surekha w/o Keshav Mendhe, Aged about 45 years, Occupation Service, Resident of – 14, Yashwant Colony, “SAWALI”, Nandura Road, Khamgaon – 444303, District Buldhana. ...Versus... Respondents :- 1. State of Maharashtra. 2. Shri Rajesh s/o Mukundrao Ingle, Aged about 45 years, Occupation – Not known, Resident of Wakil Wadi, Malkapur, District : Buldhana. --------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------- [Shri S.V. Sirpurkar, Adv. for petitioner (applicant)] [Shri A.D. Sonak, APP for respdt. No.1] CORAM:- A.B. CHAUDHARI, J. DATED :- 14.01.2010 1. Though order dated 21.4.2005 is under challenge in the present application, the same has not been filed with the application. 2. Learned A.P.P. for respondent No.1 has placed before me a police report, submitted by the Sub-Divisional Officer, Malkapur and order thereon which reads thus; “Issue summons to the accused.” 3. This order does not show any application of mind by the Magistrate to the police report. That apart, both parties 2 before me are not in a position to place entire papers of investigation to find out the exact nature of the evidence collected by the investigating agency, as per order of the Magistrate. 4. Under such circumstances, the order dated 21.4.2005 will have to be set aside and the proceedings will have to be remitted to the trial Court. Hence, I make the following order. O R D E R (i) Order dated 21.4.2005 issuing summons to the accused is set aside. (ii) The proceedings are remitted to the trial Magistrate who shall take up the entire matter for fresh consideration. He shall carefully go through the entire evidence collected by the investigating agency and then show prima facie satisfaction, if any, before making such order of issuance of process. (iii) This shall be done within a period of two months from today. With this direction criminal application is disposed of. Applicant will not be entitled to any hearing before the order of issuance of process passed. JUDGE SSW