Final Order 4

Order Details: Order Below EX 1
Pdf Text: MHMM180000012020 Summons Cases SS/2100169/2006
SHRI DILIP L. ARORA Vs. SHRI P.
SAMPATHKUMAR
IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW EXH.01
Matter is kept today for final arguments of the parties. Heard
advocate for complainant Mr. Giri and advocate Ms.Vaishnavi Nair
representing for advocate Mr. Kanani for accused. Advocate for accused
has passed pursis intimating this court that accused might be expired
and not in their contact. On hearing complainant there is reason to
believe that accused expired on 22.11.2024 which he came to know
from the documents produced in Civil Suit by advocate for accused.
2. Before passing order this court is constrained to record
something strange as to the practice of advocacy adopted by Ld. Senior
Counsel for the accused. If it is not recorded on the record of the court,
the tendency will grow on to mislead the court and pull up old matters
wasting precious time of the court. It is also important to record to
show how the advocates keep the courts in dark in the old matters.
3. In view of death of accused in the year 2024, it was the duty
of the advocate Mr. Jayesh Kanani representing accused to inform
court. Mere submission of not aware of the death of their own client is
indigestible and irresponsible statement. Record and proceeding shows
that despite orders of this court to expedite the trial, advocate for
accused went a step ahead, even recording statement of dead accused
in his absence through advocate Ms. Vaishnavi Shamsunder Nair on
21.07.2025. Cross examination was also conducted even after death of
the accused without reporting death of the client. It is regretted to say
that Advocates rather Senior Advocates should bear in mind where to
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2 Summons Cases SS/2100169/2006
Order Below Exh.01
stop. Wasting of precious time of this court almost for a year, indirectly
has resulted in causing injustice with the other matters and litigants
who are waiting for justice in their matters. Hope this will suffice.
Accordingly, I pass following order.
ORDER
1. Prosecution against accused stands abated.
2. Order be uploaded on Court Web Portal.
3. Order dictated and pronounced in open court.
Mumbai, (M. P. Saraf)
Dated : 10.10.2025. Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
J.O.Code-MH01362
CERTIFICATE
I affirm that the contents of this P.D.F. file Order are same, word to word as per the
original Order.
Name of Stenographer : Mrs. Aditi Ravikiran Dalvi
Court : Judicial Magistrate(First Class), 58th Court, Bandra,
Mumbai.
Dictated in open court on : 10.10.2025.
Transcribed and Typed on : 10.10.2025.
Order printed and Signed on : 10.10.2025.
Order Uploaded on : 10.10.2025.
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