The Bombay High Court recently held that copy of c-summary report must be provided to informant who wishes to file a protest petition and directed the investigating officer in a case to do so free of cost.
Justice SS Shinde heard a petition filed by 59-year-old resident from Pune who sought directions to the Magistrate to ensure police provides a copy of the c-summary report filed by them in case where the petitioner is the informant.
Petitioner's advocate Aabad Ponda relied upon the Supreme Court's exposition of law in Bhagwant Singh v. Commissioner of Police and submitted that the informant is entitled to receive copy of c-summary report in order to file a protest petition.
Ponda also stated that the lower Court has made prima facie observations in the impugned order that, in the present case the police have filed c-summary and no accusation has made against the complainant and therefore, the petitioner is not entitled for the copy of 'C' summary report, and accordingly notice was issued to the petitioner.
Therefore, as the petitioner wishes to prefer protest petition, c-summary report is necessary, Ponda said.
Whereas, APP HJ Dedhia submitted that the reasons assigned by the lower Court in the said order are plausible, and hence it needs no interference. He sought for a dismissal of the petition.
After examining the Supreme Court's judgement in Bhagwan Das, Court observed-
"Considering the ratio laid down by the Supreme Court in the case of Bhagwant Singh (supra) and also considering the fact that the petitioner desires to prefer protest petition, he cannot be deprived from that opportunity."
Thus, the petition was allowed and after taking instructions from the investigating officer in the case, APP Dedhia informed the Court that a copy will pe provided to the petitioner.
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