Interim Order 3

Order Details: Order Below EX 1
Pdf Text: MHMM180035422022 Summary Cases/5800265/2022
MS. PRANALI DILIP MANJAREKAR Vs. SHRI.
DIPENDRA DINESH KANADE
IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.40
This is an application for recalling the complainant filed on
behalf of the accused.
2. Complainant objected the application vide detailed reply.
3. Heard advocate Sunil Mishra for the accused and advocate
Sunita Nagpure for the complainant.
4. Grounds raised for absence of the accused who is himself an
advocate practicing in Mumbai can not be justified at all. Already order for
granting interim compensation under section 143-A came to be passed on
hearing the accused himself. Said order was passed on 22.04.2025. Accused
was well aware about hearing stage of the matter. Complainant filed evidence
affidavit on 03.01.2025 alongwith her interim application which was received
on same day. Application is not supported by any relevant evidence. Today
also accused absent.
5. Section 311 of Code of Criminal Procedure though empowers
the Magistrate to recall the witness at any stage, the same can not be utilized
for prolonging tactics. From the record and proceeding there is reason to
believe that accused is deliberately prolonging the trial instead of going on
merits. Advocate for accused not ready to conduct cross examination today
itself or pay the cost in absence of accused. Hence, there is reason to believe
that application is moved only to protract the trial. Application is filed with
malafide intention to protract the trial deserves to be rejected. Accused is not
a layman and well aware as to the procedure of trial. Hence, I pass following
order.
ORDER
1. Application is rejected.
2. Matter be posted for recording statement of accused on next date.
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2 Summary Cases/5800265/2022
Order Below Exh.40
3. Advocate for accused to take note that no adjournment would be
granted on any ground unless the matter is stayed by the Appellate
Court.
4. Order dictated and pronounced in open court.
5. Order be uploaded on Court Web Portal.
( M. P. Saraf )
Judicial Magistrate (First Class),
Date : 01.12.2025 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 : 01.12.2025.
Transcribed and Typed on : 01.12.2025.
Order printed and Signed on : 01.12.2025.
Order Uploaded on : 02.12.2025.
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