4w1871-09 1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1871 OF 2009 Vaibhav Dnyaneshwar Vibhute. ..Petitioner. Versus State of Maharashtra and 3 others. ..Respondents. .... Mr.Prakash Naik, Advocate i/b. Mr.P.B. Gujar, Advocate for the Petitioner. Mrs.S.D. Shinde, A.P.P., for the Respondents - State. .... CORAM : D.B.BHOSALE & A.R.JOSHI, JJ. DATED : 1ST APRIL, 2010 P.C. 1. Heard the learned Counsel for the parties. 2. It appears that this Court had directed Shri S.S. Belam, Deputy Superintendent of Police, CID, Solapur to carry out investigation of the Crime bearing FIR No.133 of 2006 registered with police station, Barshi, Solapur. The learned A.P.P. informs the Court that in view of the directions issued by this Court, the Dy.S.P. carried out the investigation and he has filed A-summary report before the learned Magistrate. A copy of the report has already been served on the petitioner. Mr.Naik, learned Counsel for the petitioner submits that the petitioner has some material with him which may help the prosecution to identify the person/s who 4w1871-09 2 allegedly committed the offence. We would not like to examine at this stage the material / evidence the petitioner possessing and it would be appropriate to give an opportunity to the petitioner to appear before the learned Magistrate and oppose the A-summary report filed by the Investigating Officer. In the circumstances, we are satisfied that the following order shall meet the ends of justice. [i] The Judicial Magistrate, First Class at Barshi is directed to issue notice to the petitioner before passing orders on the A-summary report submitted by the police and give an opportunity of being heard to the petitioner; [ii] We hope that the learned Magistrate shall deal with the A-summary report in accordance with law. [iii] All contentions of the petitioner are kept open. Writ Petition is disposed of. (A.R.JOSHI,J.) (D.B.BHOSALE,J.)