1 wp-68-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 68 OF 2011 Ms Kiran Sham Idnani ...Petitioner . Versus State of Maharashtra & ors ...Respondents ...... Shri R.B. Paranjape, i/by J.D. Khairnar, Advocate for Petitioner. Ms M. H. Mhatre, A.P.P. for State. ...... CORAM:- A.M.KHANWILKAR AND A.R.JOSHI, JJ. DATED:- 20th JANUARY, 2011. P.C. 1. Broadly two reliefs have been claimed in this petition under Article 226 of the Constitution of India. Firstly, for direction against Respondent No.1, police official to submit the already prepared “B” Summary Report in respect of F.I.R.bearing No.55 of 2010, dated 21st March, 2010 registered with Lashkar Police Station,Pune. The second relief is for quashing the said F.I.R.bearing No.55 of 2010. Insofar as first relief is concerned, having regard to the statement made by the 2 wp-68-11 learned A.P.P.on instructions, the same cannot be entertained. The learned A.P.P.submits that the “B”Summary report was submitted to the D.C.P.for approval who in turn has rejected the said “B”summary report and instead ordered further investigation into the matter to be done by A.C.P. In other words, the complaint which was registered as F.I.R.No. 55/2010 is still under investigation and presently with the A.C.P.of the concerned area. In that sense, relief as claimed cannot be entertained. 2. Insofar as the alternative relief claimed for quashing of F.I.R., considering the fact that the D.C.P. on consideration of the material placed before him has taken the view that the matter requires to be investigated as the complaint registered discloses cognizable offence, the question of quashing the F.I.R.does not arise. The petitioner who has been named as accused in the said F.I.R.will be free to take recourse to appropriate remedy in the event police report under Section 173 (2) of Cr.P.C.is filed after the completion of investigation by the A.C.P. That liberty is kept open inspite of rejection of this writ petition. 3. Petition is disposed of accordingly. (A.R.JOSHI, J.) (A.M.KHANWILKAR, J.)