1 APPLN 1857.10.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 1857 OF 2010 Ghatge Patil Transport Ltd. ... Applicant. V/s. The State of Maharashtra & Anr. ... Respondents. WITH CRIMINAL APPLICATION NO. 1858 OF 2010 WITH CRIMINAL APPLICATION NO. 1860 OF 2010 WITH CRIMINAL APPLICATION NO. 1861 OF 2010 Mr. Mohan V. Ghatge and Anr. ... Applicants. V/s. The State of Maharashtra & Anr. ... Respondents. WITH CRIMINAL APPLICATION NO. 1862 OF 2010 WITH CRIMINAL APPLICATION NO. 1864 OF 2010 Mr. Rajendra Anantrao Kalimani. ... Applicant. V/s. The State of Maharashtra & Anr. ... Respondents. WITH CRIMINAL APPLICATION NO. 1863 OF 2010 Mr. Ravindra Anantrao Kalimani. ... Applicant. V/s. The State of Maharashtra & Anr. ... Respondents. Mr. Abhay Nevagi a/w. Mr. Rajesh Mirchandani i/b. M/s. Abhay Nevagi & Associates for the Applicants. Mr. A.S. Shitole, APP for the State. 2 APPLN 1857.10.sxw CORAM : K.U. CHANDIWAL, J. DATED : 17th OCTOBER 2011. P.C. :- Heard. 2. The learned APP, since he has to collect information, seeks accommodation. Learned Counsel for the Accused/Applicant has challenged the same and points to the misery in the summons which were issued to the Accused/Applicants – a Transporter. 3. The learned Counsel informs, the summons are blank and at some places even Section 120-B of I.P.C. is incorporated. The role attributed to the Accused/Applicants at the most could be of transporting the contraband. Learned Counsel submits the prosecution did not even bother to look at that the Chairman, Directors and other Officers unconcerned with such transport are also arrayed as accused. The learned Counsel reiterate, the matter needs to be remanded to the Court concerned, for issuing appropriate summons to the Accused/Applicant. 4. Taking these aspects into consideration, without further adverting to merits in the contentions as raised by the learned Counsel for the Accused/Applicants about status of the Complainant to file final report in terms of Section 173(2) of Cr.P.C., the matter is remitted back to the learned J.M.F.C. At Shirala to reconsider all the aspects and if he comes to a 3 APPLN 1857.10.sxw conclusion for issuance summons, necessary Sections to be incorporated informing the Accused/Applicants the consequences which they are supposed to meet. The Accused/Applicants are at liberty to make application, challenging the Complaint status and potentiality of complaint and also to raise other appropriate grounds. 5. With above observations, the respective applications allowed to the extent of setting aside the issuance of summons/process against the Accused/Applicants. (K.U. CHANDIWAL,J.)