- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL WRIT PETITION NO.142 OF 1999 WRIT PETITION NO.142 OF 1999 WRIT PETITION NO.142 OF 1999 Maksood Ul Hasan Mohd.Ansari ...Petitioner vs. The State of Maharashtra & ors. ...Respondents Ms Geeta Shastri for the petitioner Mr.Y.S.Shinde A.P.P. for State CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : SEPTEMBER 4,2008 : SEPTEMBER 4,2008 : SEPTEMBER 4,2008 P.C.: P.C.: P.C.: 1. Heard learned counsel for the parties. The prayer in this petition is for quashing the proceedings of C.R.No.356 of 1999 of Nirmal Nagar Police Station and order dated 27th November 1997 passed by the Judicial Magistrate (First Class), Bhoiwada Police Station, Bhivandi, District Thane in Misc. Petition No.15 of 1996. 2. The Respondent No.13 lodged F.I.R bearing 356/95 with Nirmal Nagar Police Station alleging commission of offence under section 366, 368, 323 read with section 109 of the Indian Penal Code against the Petitioner. A private complaint bearing No.15/96 was filed by the second Respondent in the court of Civil Judge (Junior Division) at Bhivandi, District Thane alleging commission of various offences against the Petitioner. An order was passed on the said complaint under section 156(3) of the Code of Criminal Procedure,1973. On the - 2 - basis of the said private complaint, F.I.R was registered by the police and investigation was carried out. In the meanwhile, the case on the basis of the F.I.R lodged by the Respondent No.13 in the Nirmal Nagar Police Station was committed to the Court of Sessions and by order dated 31st March 2006, the petitioner has been acquitted of all the offences. A prayer for quashing the private complaint filed by the second Respondent is on the ground that the allegations made in the complaint are almost identical with the allegations made in the F.I.R lodged by the Respondent No.13 in which case the Petitioner has been acquitted. 3. The learned A.P.P has submitted a report dated 28th August 2008 signed by the Senior Inspector of Police, Bhoiwada Police Station, Bhivandi, District Thane. In the said report, it is stated that on the basis of the order passed under section 156 (3) of the said Code, investigation was carried out and a report was submitted by the Investigating officer claiming ‘B’ summary. By order dated 8th October 1998, ‘B’ summary has been accepted by the learned Magistrate. The said report dated 28th August 2008 is taken on record. As the learned Magistrate has permitted the classification of the case as ‘B’summary, this petition does not survive and the same is disposed of. - 3 - JUDGE JUDGE JUDGE