1 wp.179.09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.179 OF 2009 Ashutosh Atmaram Sharma ...Petitioner Versus State of Maharashtra & Anr. ...Respondents ...... Mr.J.B.Mishra for Petitioner. Mr.J.P.Yagnik, A.P.P. for State. ...... CORAM:- A.M.KHANWILKAR AND U.D.SALVI, JJ. DATED:- AUGUST 24, 2010. P.C. 1. Heard Counsel for the parties. 2. This Writ Petition takes exception to the Judgment and Order passed by the Sessions Court at Alibaug dated 11th February 2008 in Criminal Revision Application No.127 of 2008. The Petitioner had challenged the order passed by the Trial Court dated 6th September 2008 whereby, the complaint registered by the Petitioner came to be closed on the basis of `C’ Summary Report submitted by the local Police Station. 3. The grievance before us is two-fold. The first grievance is that no notice was given to the complainant before taking final decision on the 2 wp.179.09.sxw basis of `C’ Summary Report submitted by the local Police Station. The second grievance is that the `C’ Summary Report does not indicate any basis even though it refers to the fact that statements of five witnesses have been recorded. There is nothing to show in the said report that all the five witnesses have stated that the complaint made against the accused was under mistaken belief. Moreover, the Trial Court has mechanically accepted the report without scrutinising the statement of the said witnesses. 4. Having considered the rival submissions, in our opinion, the Petition ought to succeed on the first point raised before us. It is well established position that before taking any final decision on `C’ Summary Report, the complainant ought to have been given notice thereof. Admittedly, no notice was given to the complainant in that behalf. In that sense, the order passed by the Trial Court is vitiated. This aspect has been completely glossed over by the Revisional Court. On this count alone, the parties will have to be relegated to the stage of filing of `C’ Summary Report by the Investigating Officer and the Trial Court will have to proceed to consider the same only after giving opportunity to the Complainant. In this view of the matter, it is unnecessary for us to go into any other controversy raised before us, as that will have to be examined by the Trial Court in the first instance. 3 wp.179.09.sxw 5. In the circumstances, this Petition succeeds. The impugned Judgment and Order passed by the Sessions Court on Criminal Revision Application as well as passed by the Trial Court on the `C’ Summary Report are set aside in terms of this order and the parties are relegated to the stage of rehearing on the `C’ Summary Report which will have to be decided on its own merits in accordance with law. The Trial Court shall indicate date of hearing on the `C’ Summary Report to the Petitioner. 6. The parties to appear before the Trial Court on 20th September 2010 on which date, the Trial Court may pass appropriate orders, as may be advised. 7. Petition disposed of on the above terms. (U.D.SALVI, J.) (A.M.KHANWILKAR, J.)