Case Note & Summary
The petitioner, Mr. Dilranjan Bhatt, filed a writ petition before the Bombay High Court seeking a direction to the learned Magistrate to direct the police to provide a copy of the 'C' summary report filed in connection with his complaint. The petitioner had initially sought other reliefs but restricted his prayer to obtaining the report to enable him to file a protest petition. The petitioner's counsel relied on the Supreme Court's decision in Bhagwant Singh v. Commissioner of Police, which held that an informant is entitled to receive a copy of the 'C' summary report. The lower court had observed that since no accusation was made against the complainant, the petitioner was not entitled to the copy. The State opposed the petition, arguing that the lower court's reasons were plausible. The High Court, after hearing both sides, held that the informant is entitled to a copy of the 'C' summary report to file a protest petition, as per the law laid down in Bhagwant Singh. The court directed the police to provide a copy of the 'C' summary report to the petitioner within two weeks, subject to the petitioner paying the requisite charges. The petition was disposed of accordingly.
Headnote
A) Criminal Procedure - 'C' Summary Report - Right of Informant to Copy - The informant is entitled to receive a copy of the 'C' summary report to enable him to file a protest petition, as held in Bhagwant Singh v. Commissioner of Police (1985) 2 SCC 537. The lower court's observation that no accusation was made against the complainant does not disentitle the informant from obtaining the report. (Paras 3, 6-7)
Issue of Consideration
Whether the copy of 'C' summary report is required to be given to the informant who wishes to file a protest petition.
Final Decision
The petition is allowed. The police are directed to provide a copy of the 'C' summary report to the petitioner within two weeks from today, subject to the petitioner paying the requisite charges. Rule made absolute accordingly.
Law Points
- Right of informant to receive copy of 'C' summary report
- Entitlement to file protest petition
- Application of Bhagwant Singh v. Commissioner of Police
Case Details
2019 LawText (BOM) (09) 123
WRIT PETITION NO. 3960 OF 2019
Mr. Aabad Ponda a/w. Mr. Karan Asrani i/b. Udwadia & Co. for the Petitioner, Mr. H.J. Dedhia, APP for the Respondent-State
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Nature of Litigation
Writ petition seeking direction to provide copy of 'C' summary report to informant.
Remedy Sought
Direction to the learned Magistrate to direct the police to give a copy of the 'C' summary report to the petitioner.
Filing Reason
The petitioner, as informant, wanted to file a protest petition against the 'C' summary report but was denied a copy by the lower court.
Previous Decisions
The lower court had made prima facie observations that since no accusation was made against the complainant, the petitioner was not entitled to a copy of the 'C' summary report.
Issues
Whether the informant is entitled to receive a copy of the 'C' summary report to file a protest petition.
Submissions/Arguments
Petitioner's counsel submitted that as per Bhagwant Singh v. Commissioner of Police, the informant is entitled to receive a copy of 'C' summary report to prefer a protest petition.
State's counsel submitted that the reasons assigned by the lower court were plausible and no interference was required.
Ratio Decidendi
An informant who wishes to file a protest petition against a 'C' summary report is entitled to receive a copy of the report, as held in Bhagwant Singh v. Commissioner of Police, to enable him to effectively challenge the closure of his complaint.
Judgment Excerpts
The learned Counsel for the petitioner relying upon exposition of law by the Hon'ble Supreme Court in Bhagwant Singh v. Commissioner of Police reported in (1985) 2 SCC 537 submits that the informant is entitled to receive copy of 'C' summary report so as to prefer protest petition.
A short question arises in this petition is, whether the copy of 'C' summary report is required to be given to the informant who wish to file protest petition or not.
Procedural History
The petitioner filed a writ petition before the Bombay High Court challenging the lower court's order denying him a copy of the 'C' summary report. The petition was heard and disposed of at the admission stage with consent of parties.
Acts & Sections
- Code of Criminal Procedure, 1973:
