Chalisgaon in Criminal M.A.
No.1098/2015 rejecting the "B"
Summary Report and issuing the
process against the petitioners for
the offence ... B" Final
Report before the learned JMFC on 04.11.2015.
Petitioners have placed on record copy of "B"
summary report filed before
passed in Complaint no.689/M/17
arising out of B summary with prosecution report in
FIR 250 of 2010 be set aside along with ... report
Page 16 of 30
suresh 901-WP-4758.2019.doc
("B summary" report) in the light of the protest petition
that has been
than 2½ years
for investigation and in March 2017 submitted 'B' summary
report to the effect that no offence is made ... learned Magistrate issued notice of 'B'
summary report to the second respondent. Second
respondent filed protest petition under Sections
B' report and
accepts the protest petition."
8. It is well recognized principle of law that, once
the Police submit B summary report ... contents
9
of 'B' report, the court has to reject the 'B'
Summary Report.
iv) After rejection of the 'B
Code of Criminal Procedure and the concerned Dy.S.P.
submitted B-Summary Report. It appears that thereafter the said case
was numbered as Inquiry ... pending in the court of
learned Sessions Court, Vadodara and B-Summary Report submitted by
the concerned investigating officer i.e. Dy.S.P., submitted
Code. The Police on completion of the investigation submitted a 'B' Summary Final Report stating that the controversy raised was of civil dispute ... police during the course of investigation and produced along with B Summary Final Report was not available to pass an order under
operative society claiming through the so-called promoters.
6. Mr. B.B. Naik, learned counsel appearing with Mr. A.J. Yagnik for the respondent ... favour. According to Mr. B.B.Naik, ld.Chief Judicial Magistrate ought to have rejected the 'C' summary report. The act of placing
issue an appropriate summary of his order. Now, these summaries are of three kinds: "A" type of summary would be issued where ... learned trial Magistrate, and his request for the issue of B summary, could not be said to be without jurisdiction.
11. But it is contended
being filed by the owner and in view of that fact, `B' summary be issued in the case. The Investigating Officer also recommended that ... parties, the learned Chief Judicial Magistrate has not yet granted `B' Summary to Investigating Officer.
3.5 Before the Investigating Officer could submit his report
Hence if the complaint be held to be false and a B summary is issued, the offence under Section 211 of the Indian Penal Code ... Magistrate's Court which ended in an issue of the B summary. In Emperor v. Chandabhai a contrary view was taken
