Interim Order 4

Order Details: Order Below EX 1
Pdf Text: MHMM180022772021
Summons Case No.5800225/SS/2021
MANJEET TRILOK SINGH ANAND Vs. BORIS WALTER BUTHELLO
IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.47
This is an application for granting an opportunity of hearing by
advancing oral arguments in support of application Exh.24 moved by the
accused.
2. Heard both sides.
3. From perusal of contents of application, there is reason to believe
that despite directions of this court accused and his advocate have failed
to file written notes of arguments nor intends to do so.
4. Advocate for accused Mr. D.M.Galani again and again gave
emphasis on the wording of giving an opportunity of hearing to both
parties as observed in the order of Hon’ble Sessions Court in Criminal
Revision Application No.401/2021. Thereby, he seems to be drawing
wrong or misconceived inference of granting an opportunity of hearing
only orally for the accused. The court has already observed and directed
in its last order that considering paucity of time and the matters on daily
board, it is not affordable to give time for hearing oral arguments of the
advocate for accused.
5. In the scenario, the approach of advocate for the accused to hear his
oral arguments on application Exh.24 instead of filing written notes
appears some what strange. Giving opportunity of hearing may be by
submitting written notes of arguments. That it does not mean that court is
bound to hear oral arguments only leaving aside the other old matters on
daily board. This court would have heard oral arguments but spending
time of an hour in hearing advocate for accused would certainly result
causing injustice with other litigants whose matters would certainly affect
if court remained busy in hearing oral arguments.
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2 Summons Case No.5800225/SS/2021
Order Below Exh.47
6. Advocate for accused has relied upon the Judgment in the case
Vijay and others Vs. State represented by Inspector of Police, All Women
Police Station, Tambaram, Chennai and another, by Hon’ble Madras High
Court. From the observation and ratio laid down by the Hon’ble High
Court, one thing is quite clear that ratio is laid down in context to section
314 of Code of Criminal Procedure which presupposes right of arguments
after closing evidence by the parties at the final stage of the proceeding.
Needless to state that the matter before me is not at the stage of final
conclusion of rights of the parties. Therefore, with due respect to the ratio
laid down in the Judgment cited supra, the same would not apply ipso
facto to the case in hand for hearing oral arguments of the advocate on
interim application.
7. Even otherwise, section 314(4) of Code of Criminal Procedure,
empowers the Court to regulate such arguments if it is not concise. No
prejudice will be caused on accused if written notes of arguments are
filed. On the contrary the same may be in detail to put up his case.
Complainant has filed written notes of arguments and supplied copies to
the other side. From the approach and conduct, there is reason to believe
that accused is interested only in prolonging the matter by hook or crook
without adhering directions of the Court. Hence, I pass following order.
ORDER
1) Application is rejected.
2) The accused is at liberty to file his written notes of
arguments till next date, failing which the matter will be
decided on available material on record.
3) Order be uploaded on CIS for the knowledge of the parties.
4) Order dictated and pronounced in open court.
( M. P. Saraf )
Judicial Magistrate (First Class),
Date : 21.06.2025 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
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3 Summons Case No.5800225/SS/2021
Order Below Exh.47
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 : 21.06.2025.
Transcribed and Typed on : 21.06.2025.
Order printed and Signed on : 21.06.2025.
Order Uploaded on : 21.06.2025.
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