The Bombay High Court, exercising its powers under Section 482 of the Cr.P.C., clarified that a vehicular accident case, where the accused has expired, must be classified as "abated" and not as "A-Abated Summary." The Court addressed an apparent procedural error by the Magistrate in granting an incorrect summary classification under the Bombay Police Manual.

Para 1-2: Introduction and Procedural Context

• Date of Order: November 21, 2024
• Parties:
  • Petitioner: Represented by Mr. Arun Bras De Sa.
  • Respondent: State, represented by Mr. S. Karpe, Additional Public Prosecutor.
• Petition filed under Section 482 of the Cr.P.C. challenging the Magistrate's order granting A-Abated Summary.

Para 3-5: Issue and Petitioner’s Argument

• Issue Raised: Whether the Magistrate erred in granting A-Abated Summary for a case where the accused expired.
• Petitioner’s Argument:
  • Final report filed under Section 173 Cr.P.C. was wrongly classified as "A-Abated Summary."
  • The case should be closed as "abated" due to the death of the accused, rather than being incorrectly classified under the A Summary.

Para 6-9: State's Argument and Case Details

• State’s Position:
  • The investigation was conducted thoroughly, and the report filed as A-Abated Summary was incorrect but not maliciously so.
  • Reference to the Bombay Police Manual, 1959, which defines:
    • A Summary: True but undetected.
    • B Summary: Maliciously false.
    • C Summary: Neither true nor false.
• Accident Details:
  • Date: July 9, 2023.
  • Incident: Collision between Yamaha motorcycle (rider: Antonio Da Costa) and Activa scooter (rider: Abel Sequeira).
  • Outcome: Both riders sustained fatal injuries.

Para 10-12: Court's Observations

• Supreme Court Reference: Arnab Manoranjan Goswami v. State of Maharashtra (2021) 2 SCC 427, explaining the procedural importance of classification.
• Court’s Observation:
  • The case was detected and true, but prosecution cannot proceed due to the accused’s death.
  • "A-Abated Summary" is not a valid classification; the case should simply stand "abated."

Para 13-14: Decision and Directions

• Decision:
  • The Magistrate’s error in granting A-Abated Summary is rectified.
  • Case stands abated due to the death of the accused.
• Direction:
  • Magistrates should take note of this judgment and avoid such errors in future.

Acts and Sections Discussed:

1. Section 482, Code of Criminal Procedure (Cr.P.C.):
   • High Court’s inherent powers to prevent abuse of process and correct errors.
2. Section 173, Cr.P.C.:
   • Final police report filed for consideration by the Magistrate.
3. Bombay Police Manual, 1959:
   • Classifications of A, B, and C summaries.

Ratio Decidendi:

A case must be classified as "abated" and not as "A-Abated Summary" when prosecution cannot proceed due to the accused’s death. An "A Summary" applies only when a case is true but remains undetected, not when the accused is identified but deceased.

Subject:

Criminal Procedure – Classification of Reports – Judicial Review

• Section 482 Cr.P.C.
• Magistrate's Order
• A Summary Classification
• Abated Proceedings
• Vehicular Accident Cases