Interim Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180015802018
Summons Cases SS/3170/2017
LATA BHOPAL RAM Vs. RAKESH KESHAV KANCHAN
IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.16
This is an application filed for issuing show cause notice to
the Senior Inspector of Police, MHB Police Station, Borivali, Mumbai.
2. Perused application. Heard advocate Ms.Anchal Singh for
advocate Ms. Vrushali Salvi for the complainant.
3. Perused proceeding. Already concerned police station has
forwarded report for Non Bailable Warrants issued against the accused
on 29.03.2022, 01.08.2022 and 31.01.2023. Therefore, no question
arises to issue show cause notice to the concerned Station House
Officer for not forwarding the report of Warrant.
4. Complainant has moved application Exh.15 for issuing
directions to Dy. Commissioner of Police to conduct investigation to
locate the accused and ensure their presence. Said application was
rejected vide order dated 15.10.2024. Thereafter, neither complainant
produced correct address of the accused nor taken any steps to secure
presence of the accused No.2.
5. There is reason to believe that instead of taking
appropriate legal steps, complainant and her advocate are wasting
precious time of the court by filing frivolous applications. Complainant
is absent. Complainant’s advocate on record is also absent. Matter is
pending since year 2017. The same seems to be kept lingering without
taking appropriate steps. Hence, I pass following order.
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2 Summons Cases SS/3170/2017
Order below Exh.16
ORDER
1) Application is rejected with costs of Rs.2,000/- to be paid
to Legal Aid Fund.
2) Costs are condition precedent for exercising further right
to proceed with the trial by the complainant.
3) Complainant’s advocate to take a note that in case of
failure to take appropriate steps warranted by law,
complaint would be dismissed and no application will be
entertained on next date.
4) As complainant and her advocate on record are absent,
order be uploaded on Court Web Portal for their
knowledge.
5) Order dictated and pronounced in open court.
( M. P. Saraf )
Judicial Magistrate (First Class),
Date : 01.04.2025 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 : 01.04.2025.
Transcribed and Typed on : 01.04.2025.
Order printed and Signed on : 01.04.2025.
Order Uploaded on : 01.04.2025.
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