1 criwp-595.11 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 595 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and the Registrar's orders. Court's or Judge's orders Coram: A. H. Joshi and A. R. Joshi, JJ. Date : 7th September 2011 Shri Veer Shrikant T. Advocate for the petitioner. Smt. S.D. Shelke, A.P.P. for the Respondent-State. --------- 1. Heard learned advocate for the petitioner, and learned A..P.P. for Respondent-State. 2. Petitioner's brother, by name Indrajit Bobade, died. According to the petitioner:- (a) It was not a natural death. The matter was reported to police only after funeral, as, according to the petitioner, he was prevented from lodging the complaint. (b) The matter was investigated. The police filed "B" summary on or about 26.5.2010. (c) The petitioner was not satisfied with the manner in which the investigation was carried out and, therefore, he made 2 criwp-595.11 representation to the government and asked for investigation through independent agency. (d) The said representation was accepted by the government and it directed further investigation through the Crime Branch. (e) The investigation was accordingly carried out by the Crime Branch and the final report was filed on 1.10.2010. In the said report, the Crime Branch has expressed that it was a case of suicide and that the complaints lodged to the police and to the government, were filed with ulterior motives. 3. It is seen that the petitioner had filed a private complaint before the Court of learned Judicial Magistrate, First Class, Selu. The learned Magistrate passed an order therein under Section 156 (3) of the Code of Criminal Procedure, 1973, for taking cognizance etc. 4. It is seen from page 96 of paperbook that earlier final reports in the shape of `B summary' were brought to the notice of the learned J.M.F.C. In the result, the J.M.F.C., Selu has passed said order, copy whereof is at page 96, that the complaint be forwarded to police for investigation under Section 156 (3) of Cr. P.C. to be tagged with `B' summary proceedings and the matter be treated as closed. 3 criwp-595.11 5. The copies of the documents and the order at page 96 of the petition, give an impression that B summary has been sanctioned and thus the matter has been brought to an end, with a judicial seal. Learned Advocate Mr. Veer for the petitioner has confirmed that such an order is passed. If that be so, the petitioner is having a remedy against said order. 6. The learned advocate for the petitioner has relied on judgmentst, namely, Narmada Bai v. State of Gujarat and ors. 2011 CRI L.J. 2651, Punjab and Haryana High Court Bar Association, Chandigarh t hrough its Secretary v. State of Punjab and ors, AIR 1994 SC 1023, and Munir Alam v. Union of India and ors, 1999 CRI L. J. 3523, Based on these judgments, he has argued as follows:- In a case where the State agency has reached to a conclusion in the form of charge sheet and has indicted accused persons other than those who are actually involved, and if it is shown that the investigation was not proper and fair and the persons really involved in the offence are not arraigned as accused, it would be open to the court to direct further investigation at the hands of Central Bureau of Investigation. 7. The proposition as a dictum relied on by the learned advocate for the petitioner, is apparent. In present case, the 4 criwp-595.11 matter is still open for judicial scrutiny and competent forum is available against the order, if any, passed, thereby sanctioning `B' summary to the petitioner for challenging the order, if he chooses to do so. Therefore, exercise of writ jurisdiction for the said purpose, is not justified. 8. We are, therefore, satisfied that the present petition does not warrant any indulgence and the same is, accordingly, dismissed. 9. It is made clear that dismissal of this petition would not take away the right of the petitioner to pursue the cause, in accordance with law. (A. R. JOSHI, J.) ( A. H. JOSHI, J.) pnd/criwp-595.11