1 wp1748.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION kj WRIT PETITION NO.1748 OF 2010 Mr.Chandrakant Mahadev Kadam ..Petitioner Vs The State of Maharashtra & Ors. ..Respondents ­­­­ Mr. Jaiswal i/by M/s.Jaiswal & Asso. for the petitioner. Mr.P. A. Pol APP for the State. ­­­­ Coram : A.M.Khanwilkar & U.D.Salvi,JJ Date : 7.9.2010. PC 1 Learned APP on instructions, states that the investigation was duly completed and on the basis of material collected, the Investigating officer submitted B­summary report on 14.2.2010 before the appropriate Court which was accepted by that Court. 2 wp1748.10.sxw 2 We would proceed on the assumption that the Complainant must have been given opportunity before the lower court before any order was passed thereon. Assuming that, that condition has not been adhered to by the lower Court, it is open to the Complainant to challenge the correctness of that decision. So long as order passed in B­summary report operates, it may not be appropriate for us to issue writ which will be inconsistent to that order. 3 In the circumstances, without going into the correctness of the order, petition is disposed of with liberty to the petitioner to take recourse to appropriate remedy, that may be advised, challenging the acceptance of the B­summary report by the appropriate Court. If such proceeding is taken out by the Complainant, we hope and trust that the concerned Court will consider the request of the petitioner for expeditious disposal of the said proceeding having regard to the fact that the petitioner is a senior citizen. 3 wp1748.10.sxw 4 Petition is disposed of in the above terms. All questions are kept open. (U.D.SALVI,J) (A.M.KHANWILKAR,J)