Interim Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
C.C. NO. 117/MISC/ 2021
CNR. No. MHMM180052862021
ORDER BELOW EXH1
1. The chargesheet has been filed after delay of around three
months. Thus, the investigating officer sought to condone delay and to
accept the chargesheet on the ground that due to work load and
technical difficulties of investigating officer, the delay has been caused
mistakenly.
2. Perused the application and affidavit. Accused failed to file
his say.
3. Having gone through the chargesheet, it is found that the
entire investigation has been concluded in the month of January, 2018
i.e. within one month from registration of crime. The crime is registered
on 30.01.2018. The date of letter for filing chargesheet is 08.04.2021.
It means exactly the chargesheet was decided to file at the end of
limitation period. But, not filed for the reasons best known to the
investigating officer. Thus, it can be seen that the delay is deliberate
and without any reason.
4. The application and affidavit is cryptic, vague and does not
give any proper ground to justify delay. It is just a cyclostyle
typewritten application & affidavit, which shows the lackadaisical
attitude and negligent approach even in making the application seeking
condonation of delay. When the ground of technical difficulty and work
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load, at least the details of such work is to be mentioned, so that it can
be ascertained said ground is genuine or not ?
5. Non mentioning of the material particulars is sufficient to
raise an adverse inference that delay is intentional, deliberate or may be
due to negligence to shield the accused.
6. In these circumstances, absolutely there is no ground raised
to show genuine cause of delay. Thus, the chargesheet cannot be
accepted.
7. Resultantly, no justified explanation/cause for delay found.
No cognizance can be taken, as chargesheet is time barred vide section
468 of the Cr.P.C. Accordingly, chargesheet rejected and send back to
the concern police station. Inform Commissioner of Police accordingly.
J.C. to comply.
Date: 22.04.2022 (Smt. A.M. Shah),
Metropolitan Magistrate, 32ndCourt,
Bandra, Mumbai.
ssl.
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