XYZ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith and heard finally by the consent of the parties.

(2.) The victim and the State are challenging common judgment and order dtd. 9/3/2023 accepting 'B' summary report and rejection of permission to re-investigate in the crime. The offence in question is common, hence, I propose to decide it by common judgment by referring to papers of Criminal Application No. 661 of 2024.

(3.) XYZ is a victim/informant of offence bearing Crime No.122 of 2021 lodged on 25/2/2021 with Shrirampur (City) police station, which was transferred to Jamner police station on 2/3/2021 and renumbered as Crime No.68 of 2021. It has been investigated and final report under Sec. 173 (2) of the Code of Criminal Procedure for 'B' summary was submitted bearing Summary No.24 of 2021. Application (Exh. 11) was submitted on 9/2/2023 seeking permission for re-investigation by police inspector. Criminal Misc. Appln. No. 204 of 2022 was a protest petition submitted by the informant. Judicial Magistrate First Class, Jamner, forwarded matter to learned Special Judge, Jalgaon vide order dtd. 5/12/2022. Being aggrieved, accused preferred Criminal Revision Application No.6 of 2023. By common judgment and order, which is under challenge, 'B' summary report was accepted and Exh. 11 was rejected.