Interim Order 3

Order Details: Copy of Order
Pdf Text: ORDER BELOW EXH.1 IN C.C.NO.889/SS/2019
PW2 Rupali Amol Mahadik is examined vide Exh.42 on
26/08/2022. She had produced copies of documents vide Exh.43 colly.
However, the list of documents vide Exh.43 colly along with said
documents is not forthcoming in the Court proceeding. Therefore, the
then Interpreter namely Smt. Veena Nimankar was asked to explain
about this and she filed her explanation contending that the witness
may have taken the documents along with her from witness box after
her evidence is over. The report is also submitted by Judicial Clerk
namely Smt. Seema Jambavalikar contending that she had
communication with concerned witness from GST office and it was
informed that the documents are not traced in their office and the
documents were shifted to godown at Karjat and it is difficult to search
said documents.
It is seen that Exh.42 deposition of PW2 and Exh.44 pursis
dated 26/08/2022 are on record. The pursis vide Exh.44 recites that
documents produced by PW2 Sr. no. 1 to 57 be exhibited and marked.
However, Exh.43 colly is not forthcoming and hence, it is likely that
PW2 has carried said documents with her from witness box, which were
with her while her deposition was being recorded, after her deposition
was recorded. Therefore, the notice is required to be issued to PW2 to
produce the documents along with list vide Exh.43 colly which were
brought at the time of her evidence. The complainant has also
submitted copies of said documents at page no. 8 to 53 along with the
application vide Exh.76. However, the learned advocate for
complainant Mr. Tripathi submitted that the witness might have
furnished part copies of said documents to the complainant at that time.
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The copies of documents produced along with application
vide Exh.76 shall be sent along with notice to the witness i.e. PW2 to
know which documents were brought at the time of giving her
evidence. Hence, issue notice to PW2 directing her to submit list of
documents vide Exh.43 colly dated 26/08/2022 along with the
documents referred in said list of documents till next date and the
copies of documents at page no. 8 to 53 submitted with application vide
Exh.76 shall be sent along with said notice to PW2.
( A.S. Tekale )
Date : 20/08/2025 Metropolitan Magistrate,
14th Court, Girgaon, Mumbai.
KCK
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