1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL WRIT PETITION NO.630/2008 Raghunath Ramsunder Patel, R/o. Ramdaspeth Kachipura, Bajaj Nagar Road, In front of Agmark Office, Nagpur. .. Petitioner ..versus.. 1. Sunil Ramu Patel, R/o. Ramdaspeth, Kachipura, Nagpur. 2. Suraj (And his two colleagues whose name is unknown). 3. Rajaram Major, Police Constable Police Station, Sitabuldi, Nagpur. 4. Mr. Patil, ASI (Assistant Sub-Inspector), Police Station, Sitabuldi, Nagpur. 5. The Commissioner of Police (City) Nagpur. 6. The Deputy Commissioner of Police, Sitabuldi, Nagpur. 7. The Assistant Commissioner of Police (Crime), Crime Branch, Civil Lines, Nagpur. 2 8. Assistant Commissioner of Police, Sitabuldi, Nagpur. .. Respondents .......... Ms. Nandita Dubey, Advocate (appointed) for the petitioner, Mr. T.A. Mirza, APP for the respondents. .......... Coram : A.P. Lavande and P.D. Kode, JJ. Dated : 21 st January, 2010. Oral Judgment (Per : A.P. Lavande, J.) 1. Rule returnable forthwith. Heard finally by consent of parties. 2. The grievance of the petitioner in the present petition is that the report lodged by the petitioner on 29.6.2008 has not been properly investigated by Sitabuldi Police Station. According to the petitioner on 28.6.2008 gold ornaments and cash worth Rs.2,68,000/- were stolen from the house of the petitioner. According to the petitioner although the petitioner had named several suspects in the commission of the crime, the offence has not been properly investigated although the report was lodged was registered vide Crime No.204/2008 under Section 380, 457 of the Indian Penal Code. On behalf of the respondents several affidavits have been filed. The affidavit dated 10.11.2009 filed by Shri Prakash Bhikaji Jadhav, Police Inspector attached to Sitabuldi Police Station discloses that the respondent has filed ‘A’ summary before Judicial Magistrate, First Class, Nagpur and the same is 3 pending. In view of above position, we deem it appropriate to dispose of the petition by directing learned JMFC, Nagpur to dispose of ‘A’ summary filed in Crime No.204/2008 at Sitabuldi Police Station in accordance with the law expeditiously and in any case within a period of two months from the date of receipt of the order. Needless to mention that in view of the Apex Court judgments, the informant is entitled to be heard before disposing of ‘A’ Summary filed by the officer incharge Sitabuldi Police Station. 3. Writ Petition stands disposed of in aforesaid terms with no order as to costs. 4. The fees of Advocate Ms. Nandita Dubey who has been appointed to appear for the petitioner are quantified at Rs.1500/-. JUDGE JUDGE ...........