11.wp.2104-09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2104 OF 2009 Mr.Laxmandas Bhikchand Lalwani. ..Petitioner. Versus The State of Maharashtra and others. ..Respondents. .......................... Mr.P.P. Runwal, Advocate for the Petitioner. Dr.F.R. Shaikh, A.P.P., for the Respondents - State. .......................... CORAM : BILAL NAZKI AND A.R. JOSHI, JJ. DATE : 8th SEPTEMBER, 2009. P.C. :- 1. The petitioner is aggrieved by an order passed by the J.M.F.C. Court at Kalyan. It appears that the matter was investigated by the Police who filed A-summary. The Magistrate by an order in the form of a stamp signed it, which reads as “ `A' Summary is granted as prayed”. It does not show at all that the Magistrate has applied his mind while granting A-Summary. It is well settled that when such summary is filed by the police after investigation, a notice to the original complainant has to be sent. Therefore, the order of the Magistrate, which is not even 11.wp.2104-09 2 dated, is set-aside and the Magistrate concerned is directed to issue a notice to the complainant before he passes an order either to grant summary or not grant the summary. 2. Writ Petition is disposed of accordingly. [BILAL NAZKI,J.] [A.R.JOSHI,J.]