Court Rectifies Error in Grant of A-Abated Summary: Case Stands Abated Due to Death of Accused. Clarifying procedural errors in case classification under Section 173 Cr.P.C., Bombay High Court emphasizes correct interpretation of "A Summary."

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: Section 482, Code of Criminal Procedure (Cr.P.C.): High Court’s inherent powers to prevent abuse of process and correct errors. Section 173, Cr.P.C.: Final police report filed for consideration by the Magistrate. 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

Issue of Consideration: MRS UMBELINA ORTULANA AURITA  MENEZES  VERSUS POLICE INSPECTOR, Maina Curtorim  Police Station