Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 82 DV 2023 Gurpreet Kaur Vs Arvindar Singh
CNR No.MHMM18-003632-2023
COMMON ORDER BELOW EXHS.1 AND 5
1. Perused record. Heard Ld. Advocate for the applicant.
2. In this lengthy petition the applicant made various allegations of
various sorts of domestic violence against the respondent. The applicant
pressed for ex-parte interim reliefs citing those grounds. The marriage
solemnized since long back. The material produced is only affidavit and
nothing else. Parties appears to be from wealthy families and therefore,
without hearing respondent granting ex-parte interim relief and that too in
absence of sufficient material on record, may result in further
complications. Therefore, prayer can not be considered. Therefore,
following order -
ORDER
Issue notice to respondent, r/o.28.06.2023.
MUMBAI (KOMALSING RAJPUT)
DATE – 03.06.2023 M.M., 12TH COURT, BANDRA, MUMBAI
-- 1 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW EXH.1
Perused record. Accused produced with charge sheet. Prima facie
case made out. Cognizance taken of an offence punishable under Section
224 of Indian Penal Code. Accused is taken in M.C.R. till 07.07.2022.
MUMBAI (KOMALSING RAJPUT)
DATE – 01.07.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 2 of 97 --
COMMON ORDER BELOW EXH.1 AND BAIL APPLICATION
1. Perused record. Prima facie case made out. Cognizance taken of an
offence punishable under Section 324 of Indian Penal Code.
2. Accused present. He is taken in M.C.R. and released on bail on his
furnishing P.B. of Rs.5,000/-. Accused shall furnished his detailed address
and proof thereof.
MUMBAI (KOMALSING RAJPUT)
DATE – 14.12.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 3 of 97 --
COMMON ORDER BELOW EXH.1 AND BAIL APPLICATION
1. Perused record. Prima facie case made out. Cognizance taken of an
offence punishable under Sections 324, 504 and 506 of Indian Penal Code
and Section 37(1) r/w.135 of Maharashtra Police Act. Issue process
against the accused for the said offences.
2. Accused present. He is taken in M.C.R. and released on bail on his
furnishing P.B. and S.B. of Rs.7,000/-. Cash security allowed. Time
granted till 31.12.2022, for compliance for furnishing S.B./Cash security.
Accused shall furnished his detailed address and proof thereof.
MUMBAI (KOMALSING RAJPUT)
DATE – 19.10.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 4 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
COMMON ORDER BELOW EXH.1 AND BAIL APPLICATION
1. Perused record. Prima facie case made out. Cognizance taken of an
offence punishable under Sections 406 and 409 r/w.34 of Indian Penal
Code. Issue process against the accused persons for the said offences.
2. Accused persons present. They are taken in M.C.R. and released
on bail on their furnishing P.B. and S.B. of Rs.15,000/- each. Cash
security allowed. Accused shall furnished their detailed addresses and
proofs thereof.
MUMBAI (KOMALSING RAJPUT)
DATE – 19.10.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 5 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW EXH.1
1. Accused produced with charge-sheet/final report of investigation at
01.30 p.m. Prima facie case made out. Cognizance taken of an offence
punishable under Sections 323, 324, 452 and 506 of Indian Penal Code.
2. Accused has no complaint of ill-treatment at the hands of police.
She is taken in M.C.R. till 27.04.2023 and released on bail on her
furnishing P.B. and S.B. of Rs.3,000/-. Permission granted to deposit cash
security instead of surety bond. Matter is kept on 24.07.2023, with sister
matter.
MUMBAI (KOMALSING RAJPUT)
DATE – 13.04.2023 M.M., 12TH COURT, BANDRA, MUMBAI
-- 6 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
COMMON ORDER BELOW EXH.1 AND BAIL APPLICATIONS
1. Perused record. Prima facie case made out. Cognizance taken of an
offence punishable under Section 323, 324, 326 and 504 r/w.34 of Indian
Penal Code.
2. Accused present. They are taken in M.C.R. and released on bail on
their furnishing P.B. and S.B. of Rs.7,000/- each. Permission granted to
furnish cash security in substitution of S.B. Accused shall furnished his
detailed address and proof thereof. Accused No.2, Smt. Laxmi Shaymal
Chauhan, who is very old aged woman and have no means of income, is
exempted from furnishing S.B./cash security.
MUMBAI (KOMALSING RAJPUT)
DATE – 11.01.2023 M.M., 12TH COURT, BANDRA, MUMBAI
-- 7 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW EXH.1
Perused record. Prima facie case made out. Cognizance taken of
offence punishable under Sections 18(1) r/w. Rules 6(2) and (3), r/w.36 of
Legal Meteorology Act, 2009. Issue process against the accused persons
for the said offences.
MUMBAI (KOMALSING RAJPUT)
DATE – 19.10.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 8 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW EXH.1
1. Perused record. Prima facie case made out. Cognizance taken of an
offence punishable under Sections 279, 341, 332, 353, 504 of Indian
Penal Code and Section 184 of Motor Vehicle Act. Issue process against
the accused for the said offences.
2. Despite service of notice accused failed to appear before this court.
Offence is triable by Court of Sessions. It appears that he is deliberately
avoiding appearance to prolong the matter despite obtaining anticipatory
bail. Therefore, issue N.B.W. against accused.
MUMBAI (KOMALSING RAJPUT)
DATE – 14.09.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 9 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW EXH.1
1. P
2. A
following order -
ORDER
a. A
b. A
MUMBAI (KOMALSING RAJPUT)
DATE – .0.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 10 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER
1. The present application is filed for taking the file on today's board.
2. It is informed that accused is in jail in other matter. Therefore,
accused prayed for issuance of production of warrant and also prayed for
cancellation of warrant. No such urgency noticed to do this hectic
exercise, therefore, following order -
ORDER
a. Application is rejected.
b. Applicant/accused is directed to apply afresh after his release from
the another matter, pending in other court.
MUMBAI (KOMALSING RAJPUT)
DATE – 07.09.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 11 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW EXH.1
Today matter is kept for passing dismissal order. Applicant and her
advocate appeared, but neither any steps taken nor any evidence led.
There remained no option, but to dismiss the matter. But, in the interest of
justice, matter is adjourned on the same stage as a last chance.
MUMBAI (KOMALSING RAJPUT)
DATE – 03.08.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 12 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW EXH.1
Complainant absent. His advocate Mr. Manish Dubey, present who
is holding for Mr. Sandeep Singh. Complainant filed application, Exh.4,
and seek withdrawal of the matter. Therefore, following order -
ORDER
a. Permission granted to withdraw the matter.
b. Proceedings disposed off.
MUMBAI (KOMALSING RAJPUT)
DATE – 30.03.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 13 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW EXH.1
The record and proceeding not traced. The data uploaded on C.I.S.
shows that present matter already disposed off on 19.06.2018, as both the
accused persons pleaded guilty. The copy of judgment also uploaded.
Therefore, present matter is ordered to be removed from C.I.S., as already
disposed off.
MUMBAI (KOMALSING RAJPUT)
DATE – 16.03.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 14 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW EXH.1
1. Accused produced with charge-sheet/final report of investigation at
01.45 p.m. Prima facie case made out. Cognizance taken of an offence
punishable under Section 142 of Maharashtra Police Act.
2. Accused has no complaint of ill-treatment at the hands of police.
He is taken in M.C.R. and released on bail on his furnishing P.R. Bond of
Rs.3,000/-. Matter is kept on 30.08.2022, for further orders.
MUMBAI (KOMALSING RAJPUT)
DATE – 14.03.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 15 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
COMMON ORDER BELOW EXH.1 AND BAIL APPLICATION
1. Accused are produced with charge-sheet/final report of
investigation at 01.45 p.m. Prima facie case made out. Cognizance taken
of an offence punishable under Section 323, 504 and 506 r/w.34 of Indian
Penal Code, Section 4 r/w.25 of Arms Act and Section 142 of Maharashtra
Police Act.
2. Accused have no complaint of ill-treatment at the hands of police.
They are taken in M.C.R. and released on bail on their furnishing P.B. and
S.B. of Rs.3,000/- each. Permission granted to deposit cash security
instead of furnishing S.B. In view of submissions made by Ld. Advocate
for accused persons and considering the status of the accused time of one
month granted for furnishing S.B./Cash Security. Matter is kept on
22.06.2022, for evidence.
MUMBAI (KOMALSING RAJPUT)
DATE – 30.03.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 16 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW EXH.1
1. Perused record. Accused is in jail and not produced.
2. Accused is in custody since 06.11.2021, in connection with an
offence punishable under Section 4, 25 of Arms Act and Sections 37(1)-A
r/w.135, 142 of Maharashtra Police Act. It is alleged that he possessed
iron weapon (dks;rk). Investigation is completed and charge sheet is
already filed on record. The offence is triable by this court itself. From
the record he appears to be poor and there is nobody to take care of him.
The possibility of commencement and conclusion of trial in near future
appears remote. Considering these aspects and the nature of the offence,
following order :
ORDER
a. Accused is released on bail on his furnishing P.B. of Rs.5,000/-.
b. Accused shall furnish his detail address and proof thereof, within
one month, after his release from jail.
MUMBAI (KOMALSING RAJPUT)
DATE – 18.12.2021 M.M., 12TH COURT, BANDRA, MUMBAI
-- 17 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW SUMMARY REPORT
(In C.R. No. /20 of Bandra P.S.)
The present application is filed by Investigating Officer, in the
crimes mentioned in it, stating that after investigation he came to
conclusion that, the offence is transpired but accused is not traceable.
Perused record. The record substantiates the grounds for granting
summary. Therefore, following order -
ORDER
1. A summary is granted.
2. The matter is kept in abeyance till the investigating agency sought
fresh permission for further investigation in the present matter.
MUMBAI (KOMALSING RAJPUT)
DATE – / /202 M.M., 12TH COURT, BANDRA, MUMBAI
-- 18 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW EXH.1
1. Accused produced with charge-sheet/final report of investigation at
01.45 p.m. Prima facie case made out. Cognizance taken of an offence
punishable under Section 4 r/w.25 of Arms Act and 37 r/w.135 of
Maharashtra Police Act.
2. Accused has no complaint of ill-treatment at the hands of police.
He is taken in M.C.R. and released on bail on his furnishing P.R. Bond of
Rs.3,000/-. Matter is kept on 30.08.2022, for further orders.
MUMBAI (KOMALSING RAJPUT)
DATE – 07.03.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 19 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW EXH.1 AND BAIL APPLICATION
1. Perused record. Accused is in jail and not produced.
2. Accused is in custody since 10.08.2022. Prima facie case made out.
Cognizance taken of an offence punishable under Section 8(c) r/w.27 of
N.D.P.S. Act. Accused released on bail on his furnishing P.R. Bond of
Rs.3,000/-. Matter is kept on 22.08.2022, for further orders.
MUMBAI (KOMALSING RAJPUT)
DATE – 11.08.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 20 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW EXH.1
1. Perused record. Heard Ld. Advocate for the complainant. Perused
report filed Investigating Agency.
2. Considering the peculiar situation occurred in view of report filed
by Investigating Officer against the contents of complaint and the age of
the matter following order in the interest of justice -
ORDER
Permission granted the complainant to lead evidence. Matter be re-
registered as private regular criminal case.
MUMBAI (KOMALSING RAJPUT)
DATE – 04.03.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 21 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW EXH.1
1. Perused record. Heard Ld. Advocate for the complainant. Perused
verification and record filed by Investigating Officer under Section 202 of
Code of Criminal Procedure.
2. As per complainant the accused persons forged Gift Deed and Will
and other documents shaking hands with each other and thereby cheated
and committed fraud on him with intention to grab his property. The
material produced by complainant in the report of Investigating Officer
filed under Section 202 of Code of Criminal Procedure reflect that mainly
Accused Nos.1 to 4, are responsible for the said act. However, the
evidence against Accused Nos.5 and 6, is deficient. Therefore, following
order -
ORDER
Issue process against Accused Nos.1 to 4, for offences punishable under
Sections 406, 420, 467 and 468 r/w. 34 of Indian Penal Code.
MUMBAI (KOMALSING RAJPUT)
DATE – 04.03.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 22 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW EXH.1
1. Perused record. Heard Ld. Advocate for the complainant.
2. This is an application under Section 156(3) of Code of Criminal
Procedure, seeking direction to register the offence against the
respondents and carry out investigation in the alleged acts.
3. The application is supported by affidavit. Compliance of Section
154(2) done. Certain offences are cognizable in nature. Thus, the basic
requirements are satisfied.
4. It is alleged that accused persons caused nuisance, committed
trespass and mischief, threatened applicant besides other acts. Majority of
the offences and their ingredients reflect that evidence can be produced in
the court itself by applicant himself. If any need is felt regarding
additional evidence, the investigation can be ordered under Section 202 of
Code of Criminal Procedure. As such recording of verification will serve
the purpose. Therefore, order -
ORDER
Prayer for registration of offence and directing investigation as per
Section 156(3) of Code of Criminal Procedure is rejected. Matter is kept
for recording of verification of complainant.
MUMBAI (KOMALSING RAJPUT)
DATE – 03.03.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 23 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW DISCHARGE APPLICATION
1. Perused record. Heard Ld. A.P.P.
2. Accused/applicant and his Ld. Advocate absent. On perusal of material it
is noticed that there is enough material to proceed against the accused. His
active involvement can be inferred from the nature of allegations. No case for
discharge made out. Hence, order -
ORDER
Application is rejected.
MUMBAI (KOMALSING RAJPUT)
DATE – 02.03.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 24 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW EXH.1
Present matter is merged in main matter bearing C. C. No.
2691/PW/2021, for further orders.
MUMBAI (KOMALSING RAJPUT)
DATE – 28.07.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 25 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
COMMON ORDER BELOW EXH.1
1. The present matter is filed on 03.11.2015. The applicant in this matter is
daughter-in-law of the respondent Maharukh who approached this court under
Section 12 of D. V. Act, seeking reliefs against her mother-in-law Respondent
Maharukh. Later on the said respondent filed another petition bearing No.51
DV 2020, against present applicant Dilnaz.
2. Both these applications are in respect of same shared household and
somewhat same transactions occurred there amongst same parties, genuineness
of which going to be verified by way of trial. For avoiding conflicting decisions
both needs to be decided by way of same evidence, which is possible only by
way of merging both these matters. Therefore, following order -
ORDER
a. The application bearing No.51 DV 2020, is merged in application
bearing No.182 DV 2015. Permission granted to lead evidence on both the
matters.
b. The applicant Dilnaz, is directed to file her evidence affidavit on next
date regarding issues involved in both the matters.
c. Copy of this order shall kept in both the matters.
MUMBAI (KOMALSING RAJPUT)
DATE – 18.02.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 26 of 97 --
C. C. No. 60 PS 2014 State Vs Mansi
CNR No.MHMM18-000279-2014
ORDER BELOW EXH.1
1. The complainant, a septuagenarian lady approached this court by filing
this complaint alleging that the police registered only non-cognizable offence in
respect of incidence dated 15th and 19th March 2021, and not registered offence
of cognizable nature, which is prima facie made out. She also filed on record
those N.C. reports.
2. Considering the contents of the complaint and the documents produced it
is necessary to investigate the allegations. Therefore, following order -
ORDER
a. Permission granted as per Section 155(2) of Code of Criminal Procedure
and it is directed to P.S.O. Bandra Police Station, Mumbai, to investigate the
allegations made in the present complaint in the context of reports of non-
cognizable offences in respect of incidence dated 15th and 19th March 2021, and
file report within two months from today.
b. Copy of the all the documents along with complaint be sent to concerned
police station.
MUMBAI (KOMALSING RAJPUT)
DATE – 18.02.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 27 of 97 --
C. C. No. 60 PS 2014 State Vs Mansi
CNR No.MHMM18-000279-2014
ORDER BELOW EXH.1
Perused record, particularly verification of the complainant and
documents filed along with it. It is clear from the contents of record that both
the accused persons are responsible for sending notice containing defamatory
avernments against the complainant. Prima facie case for an offence punishable
under Section 499 r/w.500 of Indian Penal Code made out, hence order -
ORDER
Issue process against both the accused persons for the offence
punishable under Section 499 r/w.500 of Indian Penal Code.
MUMBAI (KOMALSING RAJPUT)
DATE – 16.02.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 28 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
COMMON ORDER BELOW
EXH.1 AND BAIL APPLICATION
1. Perused record. Heard both the sides.
2. The Accused No.1, and his advocate present. The matter is of the year
2011. Out of total 5 accused persons, only one i.e. present accused present
continuously and remaining accused persons continuous absent. Matter is also
becoming old and the trial needs to be separated. Due to absence of other
accused persons present accused may suffer harassment. Therefore, considering
the age of the matter and this aspect the trial of remaining accused persons is
separated from present accused and charge needs to be framed accordingly.
Therefore, following order -
ORDER
Trial of the remaining accused persons is separated from present accused
i.e. Accused No.1, Mr. Modchand Isardas Rangnani @ Mamu.
MUMBAI (KOMALSING RAJPUT)
DATE – 10.03.2023 M.M., 12TH COURT, BANDRA, MUMBAI
-- 29 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
COMMON ORDER BELOW
EXH.1 AND BAIL APPLICATION
1. Perused record. Heard both the sides.
2. The Accused Mr. Shakti Chintu Devendra, produced at 01.30 p.m. in
response to warrant served. No complaint of ill-treatment. He is taken in
M.C.R.
3. He prayed for bail mainly on the ground that he is poor and innocent.
Investigation is over and he is ready to remain abide by the conditions, if any,
imposed, etc. Accused was initially released on bail, but arrested again as he
remained absent. He is ready to remain abide by the conditions and also ready
to remain present for trial. Charge sheet already filed. The conclusion of trial
will take much time. Allegations are not much serious as those are only in
respect of offence punishable under Section 354 of Indian Penal Code.
Considering all these aspects and facts and circumstances and reasons assigned
he needs to be released on bail.
4. Accused is released on bail on his furnishing P.B. and S.B. of Rs.5,000/-.
Permission granted to deposit cash security instead of surety bond. Accused
person shall furnish his detail address and proof thereof.
MUMBAI (KOMALSING RAJPUT)
DATE – 22.11.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 30 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
COMMON ORDER BELOW
EXH.1 AND BAIL APPLICATION
1. Perused record. Heard both the sides.
2. The Accused No.3, Mr. Santosh @ Kamathi Tipanna Bansode @
Santosh Tipanna Badsan, produced at 01.30 p.m. in response to service of
warrant. No complaint of ill-treatment. He is taken in M.C.R.
3. He prayed for bail mainly on the ground that he is poor and innocent.
Investigation is over and he is ready to remain abide by the conditions, if any,
imposed, etc. Accused was initially released on bail, but arrested again as he
remained absent. He is ready to remain abide by the conditions and also ready
to remain present for trial. Charge sheet already filed. The conclusion of trial
will take much time. The allegations are in respect of offence punishable under
Section 326, etc. of Indian Penal Code. Matter is very old. Considering all these
aspects and facts and circumstances and reasons assigned he needs to be
released on bail.
4. The matter is of the year 2005. Out of total 3 accused persons, only one
i.e. present accused produced and present. Remaining accused persons
continuous absent. Matter is also becoming old and the trial needs to be
separated. Due to absence of other accused persons present accused may suffer
harassment. Therefore, considering the age of the matter and this aspect the trial
of remaining accused persons is separated from present accused and charge
needs to be framed accordingly. Therefore, following order -
ORDER
Accused No.3, Mr. Santosh @ Kamathi Tipanna Bansode @ Santosh
Tipanna Badsan, is released on bail on his furnishing P.B. and S.B. of
Rs.7,000/-. Permission granted to deposit cash security instead of surety bond.
Accused shall furnish his detail address and proof thereof.
MUMBAI (KOMALSING RAJPUT)
DATE – 20.12.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 31 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
COMMON ORDER BELOW
EXH.1 AND BAIL APPLICATION NO.2237/2022
1. Perused record. Heard both the sides.
2. The Accused No.1, Joseph Nichlace Keni @ Badak and No.2, Hanumant
Madhu Redkar @ Hanmya, are produced at 01.30 p.m. in response to warrant
served. No complaint of ill-treatment. They are taken in M.C.R.
3. They prayed for bail mainly on the ground that they are poor and
innocent. Investigation is over and they are ready to remain abide by the
conditions, if any, imposed, etc. Accused were initially released on bail, but
arrested again as they remained absent. They are ready to remain abide by the
conditions and also ready to remain present for trial. Charge sheet already filed.
The conclusion of trial will take much time. Allegations are not much serious as
those are only in respect of offence punishable under Section 324 of Indian
Penal Code. Considering all these aspects and facts and circumstances and
reasons assigned they needs to be released on bail.
4. The matter is of the year 2011. Out of total 4 accused persons, only two
accused persons, viz. Accused Nos.1 and 2, present. Remaining accused
persons continuous absent. Matter is also becoming old and the trial needs to be
separated. Due to absence of other accused persons they are suffering
harassment. Therefore, considering the age of the matter and this aspect the trial
of remaining accused persons is separated from Accused Nos.3 and 4. Charge
be framed accordingly. Accused No.1, Joseph Nichlace Keni @ Badak and
No.2, Hanumant Madhu Redkar @ Hanmya, are released on bail on their
furnishing P.B. and S.B. of Rs.5,000/- each. Permission granted to furnish S.B.
till next fixed date. Accused persons shall furnish their detail addresses and
proofs thereof.
MUMBAI (KOMALSING RAJPUT)
DATE – 20.06.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 32 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
COMMON ORDER BELOW
EXH.1 AND BAIL APPLICATION
1. Perused record. Heard both the sides.
2. The accused Udayraj Shivlingam Harijan @ Raju, produced at 01.30
p.m. in response to warrant served. No complaint of ill-treatment. He is taken in
M.C.R.
3. He prayed for bail mainly on the ground that he is poor and innocent.
Investigation is over and he is ready to remain abide by the conditions, if any,
imposed, etc. Accused was initially released on bail, but arrested again as he
remained absent. He is ready to remain abide by the conditions and also ready
to remain present for trial. Charge sheet already filed. The conclusion of trial
will take much time. Allegations are not much serious as those are only in
respect of offence punishable under Section 65(E) of Maharashtra Prohibition
Act. Considering all these aspects and facts and circumstances and reasons
assigned he needs to be released on bail.
4. The matter is of the year 2021. Charge be framed accordingly. Accused
is released on bail on his furnishing P.B. and S.B. of Rs.5,000/-. Permission
granted to deposit cash security instead of surety bond. Accused shall furnish
his detail address and proof thereof.
MUMBAI (KOMALSING RAJPUT)
DATE – 07.10.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 33 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
COMMON ORDER BELOW
EXH.1 AND BAIL APPLICATION
1. Perused record. Heard both the sides.
2. The Accused Nos.2, Mr. Afsar Razzak Shaikh and 3. Aslam Usman
Khan, produced at 01.30 p.m. in response to service of warrant. No
complaint of ill-treatment. They are taken in M.C.R.
3. They prayed for bail mainly on the ground that they are poor and
innocent. Investigation is over and they are ready to remain abide by the
conditions, if any, imposed, etc. Accused were initially released on bail,
but arrested again as they remained absent. They are ready to remain
abide by the conditions and also ready to remain present for trial. Charge
sheet already filed. The conclusion of trial will take much time. The
allegations are in respect of offence punishable under Sections 498-A, etc.
of Indian Penal Code. Matter is very old. Considering all these aspects
and facts and circumstances and reasons assigned they need to be released
on bail. The Accused No.1, Smt. Habiba Razzak Shaikh, reported to be
dead, but no documentary evidence filed. Therefore, submissions can not
be accepted and considering the age of the matter the trial of the accused
persons needs to be separated from her.
4. Accused Nos.2, Mr. Afsar Razzak Shaikh and 3. Aslam Usman
Khan, are released on bail on their furnishing P.B. and S.B. of Rs.5,000/-
each. Permission granted to deposit cash security instead of surety bond.
Accused shall furnish their detail addresses and proofs thereof. The trial
of the Accused No.1, Smt. Habiba, is separated from present accused
persons. Charge be framed accordingly.
MUMBAI (KOMALSING RAJPUT)
DATE – 03.02.2023 M.M., 12TH COURT, BANDRA, MUMBAI
-- 34 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
COMMON ORDER BELOW
EXH.1 AND BAIL APPLICATION NO. /2022
1. Perused record. Heard both the sides.
2. Both the accused persons produced at 01.30 p.m. in response to warrant
served. No complaint of ill-treatment. They are taken in M.C.R. till 25.11.2022.
3. They prayed for bail mainly on the ground that they are poor and
innocent. Investigation is over and they are ready to remain abide by the
conditions, if any, imposed, etc. Accused were initially released on bail, but
arrested again as they remained absent. They are ready to remain abide by the
conditions and also ready to remain present for trial. Charge sheet already filed.
The conclusion of trial will take much time. Allegations are not much serious as
those are only in respect of offence punishable under Section 324 of Indian
Penal Code. Considering all these aspects and facts and circumstances and
reasons assigned they needs to be released on bail.
4. The matter is of the year 2019. Accused are released on bail on their
furnishing P.B. and S.B. of Rs.5,000/- each. Permission granted to furnish cash
security in substitution of S.B. Permission granted to furnish S.B./cash security
till next fixed date. Accused persons shall furnish their detail addresses and
proofs thereof.
MUMBAI (KOMALSING RAJPUT)
DATE – 11.11.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 35 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
COMMON ORDER BELOW
EXH.1 AND BAIL APPLICATION
1. Perused record. Heard both the sides.
2. The accused Saroj Jogindar Singh, produced at 01.30 p.m. in response to
warrant served. No complaint of ill-treatment. She is taken in M.C.R.
3. She prayed for bail mainly on the ground that she is poor and innocent.
Investigation is over and she is ready to remain abide by the conditions, if any,
imposed, etc. Accused was initially released on bail, but arrested again as she
remained absent. She is ready to remain abide by the conditions and also ready
to remain present for trial. Charge sheet already filed. The conclusion of trial
will take much time. Allegations are not much serious as those are only in
respect of offence punishable under Section 363 of Indian Penal Code.
Considering all these aspects and facts and circumstances and reasons assigned
she needs to be released on bail.
4. The matter is of the year 2016. Charge be framed accordingly. Accused
is released on bail on her furnishing P.B. and S.B. of Rs.7,000/-. Permission
granted to deposit cash security instead of surety bond. One month time is
allowed to furnish S.B/Cash Security. Accused shall furnish her detail address
and proof thereof.
MUMBAI (KOMALSING RAJPUT)
DATE – 21.06.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 36 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
COMMON ORDER BELOW
EXH.1 AND BAIL APPLICATION
1. Perused record. Heard both the sides.
2. The Accused No.1, Hafiz Hamid Mansoori, produced at 01.30 p.m. in
response to warrant served. No complaint of ill-treatment. He is taken in
M.C.R.
3. He prayed for bail mainly on the ground that he is poor and innocent.
Investigation is over and he is ready to remain abide by the conditions, if any,
imposed, etc. Accused was initially released on bail, but arrested again as he
remained absent. He is ready to remain abide by the conditions and also ready
to remain present for trial. Charge sheet already filed. The conclusion of trial
will take much time. Allegations are not much serious as those are only in
respect of offence punishable under Section 353 of Indian Penal Code.
Considering all these aspects and facts and circumstances and reasons assigned
he needs to be released on bail. Therefore, Accused No.1, Hafiz Hamid
Mansoori, is released on bail on his furnishing P.B. and S.B. of Rs.15,000/-.
Permission granted to deposit cash security provisionally for eight weeks
instead of furnishing surety bond. Accused person shall furnish his detail
address and proof thereof.
MUMBAI (KOMALSING RAJPUT)
DATE – 28.07.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 37 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW EXH.1
1. Perused record. Accused is in jail and not produced.
2. Accused is in custody since 06.11.2021, in connection with an
offence punishable under Section 4, 25 of Arms Act and Sections 37(1)-A
r/w.135, 142 of Maharashtra Police Act. It is alleged that he possessed
iron weapon (dks;rk). Investigation is completed and charge sheet is
already filed on record. The offence is triable by this court itself. From
the record he appears to be poor and there is nobody to take care of him.
The possibility of commencement and conclusion of trial in near future
appears remote. Considering these aspects and the nature of the offence,
following order :
ORDER
a. Accused is released on bail on his furnishing P.B. of Rs.5,000/-.
b. Accused shall furnish his detail address and proof thereof, within
one month, after his release from jail.
MUMBAI (KOMALSING RAJPUT)
DATE – 18.12.2021 M.M., 12TH COURT, BANDRA, MUMBAI
-- 38 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW EXH.1
1. Perused record. Accused is in jail and not produced.
2. Accused is in custody since 18.11.2021, in connection with an
offence punishable under Section 8(c) r/w 27 of N.D.P.S. Act. It is alleged
that he consumed contraband i.e. Ganja. Investigation is completed and
charge sheet is already filed on record. Neither C.A. Report produced nor
it is mentioned anywhere in the final report that the sample for chemical
analysis obtained. Rather it is mentioned that all such articles were
destroyed on the spot. There is doubt whether offence made out or not?
Besides this considering the reasons assigned in the bail application,
following order :
ORDER
a. Accused is released on bail on his furnishing P.B. of Rs.3,000/-.
b. Accused shall furnish his detail address and proof thereof, within
one month, after his release from jail.
MUMBAI (KOMALSING RAJPUT)
DATE – 16.12.2021 M.M., 12TH COURT, BANDRA, MUMBAI
-- 39 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW EXH.1
Matter was referred to Mediation. The report, Exh.6, was filed. The
parties also filed pursis, Exhs.9 and 10. The matter is amicably settled,
therefore, disposed off as compounded. Accused is acquitted. No order as to
coast.
MUMBAI (KOMALSING RAJPUT)
DATE – 15.12.2021 M.M., 12TH COURT, BANDRA, MUMBAI
-- 40 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW EXH.1
Perused record. Since 05.12.2013, matter is kept for recording
verification of the complainant. Complainant and her advocate continuous
absent. It appears that she is no more interested in proceeding with the matter,
therefore, complaint is dismissed for want of prosecution.
MUMBAI (KOMALSING RAJPUT)
DATE – 15.12.2021 M.M., 12TH COURT, BANDRA, MUMBAI
-- 41 of 97 --
C. C. No. 60 PS 2014 State Vs Mansi
CNR No.MHMM18-000279-2014
ORDER BELOW EXH.1
Perused record. Heard Ld. Advocate for the complainant. The
allegations are somewhat serious nature based on documentary evidence.
Same are reproduced in the verification. Sufficient material not produced
in support of them. Therefore, before passing any order I am of the
opinion that some additional material necessary to come to proper
conclusion. Therefore, following order -
ORDER
P.S.O. Bandra Police Station, is herewith directed to investigate the
matter and file report as per Section 202 of Code of Criminal Procedure.
MUMBAI (KOMALSING RAJPUT)
DATE – 18.01.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 42 of 97 --
C. C. No. 60 PS 2014 State Vs Mansi
CNR No.MHMM18-000279-2014
ORDER BELOW EXH.1
Perused record, particularly verification of the complainant and report of
investigation filed under Section 202 of Code of Criminal Procedure. From the
contents of record it is clear that prima facie case for an offence punishable
under Section 494 of Indian Penal Code made out, hence order -
ORDER
Issue process against accused for the offence punishable under
Section 494 of Indian Penal Code.
MUMBAI (KOMALSING RAJPUT)
DATE – 14.12.2021 M.M., 12TH COURT, BANDRA, MUMBAI
-- 43 of 97 --
C. C. No. 60 PS 2014 State Vs Mansi
CNR No.MHMM18-000279-2014
ORDER BELOW EXH.1
1. Ld. A.P.P. present. Informant present. Accused and their advocate
also present. Perused record. Matter is old. The allegations are in respect
of cheating and forgery. It is informed that the documents on which the
prosecution is relying are sent to handwriting expert and still not returned
along with report.
2. The witness is present second time. Prosecution is directed to
produce relevant documents along with report on next date without fail so
that evidence can be recorded. Matter is adjourned till next date. Ld.
A.P.P. to take note.
MUMBAI (KOMALSING RAJPUT)
DATE – 14.12.2021 M.M., 12TH COURT, BANDRA, MUMBAI
-- 44 of 97 --
C. C. No. 60 PS 2014 State Vs Mansi
CNR No.MHMM18-000279-2014
ORDER BELOW EXH.1
Perused record. Serving officer filed report, Exh.8, and informed
that accused is dead. He also filed copy of death certificate, Exh.9. As
accused reported to be dead, following order :
ORDER
Proceedings stands abated against Accused No.1, Hy
MUMBAI (KOMALSING RAJPUT)
DATE – 07.12.2021 M.M., 12TH COURT, BANDRA, MUMBAI
-- 45 of 97 --
C. C. No. 60 PS 2014 State Vs Mansi
CNR No.MHMM18-000279-2014
COMMON ORDER BELOW EXH.1 AND BAIL APPLICATION
N.B.W. served. Accused produced. No complainant of ill treatment.
Accused is taken in M.C.R. and released on bail on his furnishing P.B.
and S.B. of Rs.5,000/-. Permission granted to deposit cash surety instead
of furnishing surety bond. Time granted till next fixed date for furnishing
surety bond/cash security.
MUMBAI (KOMALSING RAJPUT)
DATE – 13.12.2021 M.M., 12TH COURT, BANDRA, MUMBAI
-- 46 of 97 --
C. C. No. 60 PS 2014 State Vs Mansi
CNR No.MHMM18-000279-2014
ORDER BELOW EXH.1
Matter is very old. The record shows that the complainant and their
advocate continuous absent. It seems that complainant is no more
interested in proceeding the matter, therefore, matter is adjourned as a last
chance for passing dismissal order on next date.
MUMBAI (KOMALSING RAJPUT)
DATE – 10.12.2021 M.M., 12TH COURT, BANDRA, MUMBAI
-- 47 of 97 --
C. C. No. 60 PS 2014 State Vs Mansi
CNR No.MHMM18-000279-2014
ORDER BELOW EXH.1
1. The matter is fixed for verification and cross examination of the
applicant. Applicant is present with her Ld. Advocate Shri. John Bosco.
2. The affidavit of examination-in-chief, and its supplementary
affidavit, also filed in English. On an inquiry witness informed that she is
unable to understand the English. She informed that the contents were
explained to her by her Ld. Advocate. But such a practice is not
permissible in evidence affidavits as it may create problems during cross
examination and applicant/witness may suffer irreparable loss. It is,
therefore, necessary that the examination-in-chief must be in the language
of the witness for the proper appreciation of evidence.
3. It is also noticed that so many documents were filed and Ld.
Advocate has not gone through the record. He also needs some
preparation so that examination-in-chief can be recorded properly.
Therefore, on both these accounts matter needs to be adjourned by
directing the applicant, to file another evidence affidavit in the language
known to her, and as informed preferably in Hindi. Accordingly,
following order :
ORDER
a. The applicant is directed to file fresh evidence affidavit in Hindi.
Matter is adjourned till next date for evidence of the applicant.
b. Copy of this order shall be given free of cost to the applicant.
Sd/-
MUMBAI (KOMALSING RAJPUT)
DATE – 08.12.2021 M.M., 12TH COURT, BANDRA, MUMBAI
-- 48 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW EXH.1
A. Material witnesses examined. Matter is old. Considering these
aspects, prosecution evidence is closed.
B. No material incriminating circumstances found in the evidence of
witnesses examined by the prosecution. Therefore, statements of accused
U/Sec.313 of Code of Criminal Procedure are dispensed with.
MUMBAI (KOMALSING RAJPUT)
DATE – 03.11.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 49 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
…....two orders trial separate and 313 dispensed with..............
ORDER BELOW EXH.1
The trial of the Accused No.1, is separated from Accused Nos.2 to
5, as matter is amicably settled. Charge be framed accordingly.
MUMBAI (KOMALSING RAJPUT)
DATE – 17.02.2023 M.M., 12TH COURT, BANDRA, MUMBAI
FURTHER ORDER BELOW EXH.1
A. The prosecution witness not supported its case. It is informed that
matter is amicably settled. Considering this aspect and nature of
allegations there is no point in examining further witnesses. Therefore,
prosecution evidence is closed.
B. No incriminating circumstances found against the accused in the
evidence recorded by the prosecution, therefore, the statements of the
accused under Section 313 of Code of Criminal Procedure are dispensed
with.
MUMBAI (KOMALSING RAJPUT)
DATE – 17.02.2023 M.M., 12TH COURT, BANDRA, MUMBAI
-- 50 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW EXH.1 general
Perused record. Out of 21 accused persons, 16 accused persons
present before court. Their advocate also present. Other accused persons
continuous absent. Matter is becoming old. Due to absence of other
accused persons present accused suffering harassment. Therefore,
considering the age of the matter and this aspect the trial of remaining
accused persons is separated from present accused and charge needs to be
framed accordingly. Therefore, following order -
ORDER
Trial of the remaining accused persons is separated from accused
persons present before court today. Charge be framed accordingly. The
note of present accused persons be taken in roznama.
MUMBAI (KOMALSING RAJPUT)
DATE – 01.04.2023 M.M., 12TH COURT, BANDRA, MUMBAI
-- 51 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW EXH.1
A. Material witnesses examined. Other witnesses not traceable.
Considering these aspects there is no point in waiting for remaining
witnesses. Therefore, prosecution evidence is closed.
B. No material incriminating circumstances found in the evidence of
witnesses examined by the prosecution. Therefore, statements of accused
U/Sec.313 of Code of Criminal Procedure are dispensed with.
MUMBAI (KOMALSING RAJPUT)
DATE – 07.12.2021 M.M., 12TH COURT, BANDRA, MUMBAI
-- 52 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW EXH.1
Matter is very old. Repeatedly summons issued to the Investigating
Officer. He is not present. Matter is old. Material witnesses already
examined. Prosecution evidence is closed.
MUMBAI (KOMALSING RAJPUT)
DATE – 06.12.2021 M.M., 12TH COURT, BANDRA, MUMBAI
-- 53 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW EXH.1
Matter is very old. Material witnesses already examined. Despite
sending repeatedly summons to other witnesses, prosecution failed to
produce them. Therefore, prosecution evidence is closed.
MUMBAI (KOMALSING RAJPUT)
DATE – 01.02.2023 M.M., 12TH COURT, BANDRA, MUMBAI
-- 54 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW EXH.1
a. Material witness i.e. injured examined. He had not
supported the prosecution. Accused admitted the injury
certificate and other documents. Considering nature of
allegations there is no point in examining further witnesses.
Prosecution evidence is closed.
b. No incriminating circumstances found in prosecution
evidence. Therefore, statements of the accused U/Sec. 313 of
Code of Criminal Procedure, are dispensed with.
MUMBAI (KOMALSING RAJPUT)
DATE – 18.11.2021 M.M., 12TH COURT, BANDRA, MUMBAI
-- 55 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW EXH.1
Today matter is fixed for recording of statement of accused under
Section 313 of Code of Criminal Procedure. There are certain
incriminating facts noticed in the evidence of prosecution. But accused
continuous absent. His advocate also absent. Matter is old. After going
through the record it is noticed that accused is not going to be convicted,
therefore, judgment, Exh.9, dictated and statement under Section 313 of
Code of Criminal Procedure, are dispensed with.
MUMBAI (KOMALSING RAJPUT)
DATE – 10.01.2023 M.M., 12TH COURT, BANDRA, MUMBAI
-- 56 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW EXH.1
A. Matter is very old. Sufficient time and opportunities granted to the
prosecution, but none of the witness appeared till date. Accused admitted
the First Information Report and other documents. Considering these
aspects and the nature of the allegations and evidence produced, there is
no point in waiting further for the witnesses. Therefore, prosecution
evidence is closed.
B. Accordingly, the statements of accused U/Sec.313 of Code of
Criminal Procedure, are also dispensed with.
MUMBAI (KOMALSING RAJPUT)
DATE – 06.02.2023 M.M., 12TH COURT, BANDRA, MUMBAI
-- 57 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW EXH.1
Considering the stage of the matter the presence of the accused is
necessary. Accused continuous absent. Issue N.B.W. against accused.
MUMBAI (KOMALSING RAJPUT)
DATE – M.M., 12TH COURT, BANDRA, MUMBAI
-- 58 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW EXH.1
1. The matter is very old. The record shows that repeatedly summons
issued to the main witness i.e. injured/informant. The said summons not
served as the said witness left his ordinary place of residence. The various
reports of serving officers dated 08.06.2017 (Exh.7), 29.01.2018 and
19.03.2018, reflects that the whereabouts of the injured/informant are not
known. The possibility of securing his presence is almost nil.
2. Accused admitted the injury certificate and spot panchanama. The
other witnesses also not supported the prosecution.
3. Therefore, prosecution evidence is closed. No incriminating
circumstances found in prosecution evidence, therefore, statements of the
accused under Section 313 of Code of Criminal Procedure are dispensed
with.
MUMBAI (KOMALSING RAJPUT)
DATE – 17.11.2021 M.M., 12TH COURT, BANDRA, MUMBAI
-- 59 of 97 --
C. C. No. 60 PS 2014 State Vs Mansi
CNR No.MHMM18-000279-2014
ORDER BELOW EXH.1
1. Accused produced with charge-sheet/final report of investigation at
01.30 p.m. Prima facie case made out. Cognizance taken of an offence
punishable under Section 8(c) r/w.27 of N.D.P.S. Act.
2. Accused has no complaint of ill-treatment at the hands of police.
He is taken in M.C.R. till 05.01.2022 and released on bail on his
furnishing P.R. Bond of Rs.3,000/-. Matter is kept on 11.03.2021, for
further orders.
MUMBAI (KOMALSING RAJPUT)
DATE – 22.12.2021 M.M., 12TH COURT, BANDRA, MUMBAI
-- 60 of 97 --
C. C. No. 60 PS 2014 State Vs Mansi
CNR No.MHMM18-000279-2014
COMMON ORDER BELOW EXH.1 AND B.A. NO. /2021
A. Accused produced with final report of investigation. They have no
complaint of ill-treatment.
B. Prima facie case made out for offences punishable under Sections
188, 269, 323, 324, 504 and 506 r/w. 34 of Indian Penal Code.
Cognizance taken.
C. Accused are taken in M.C.R. and released on their furnishing P.B.
and S.B. of Rs.7,000/- each. Time granted to furnish S.B. till next date.
MUMBAI (KOMALSING RAJPUT)
DATE – 29.10.2021 M.M., 12TH COURT, BANDRA, MUMBAI
-- 61 of 97 --
C. C. No. 60 PS 2014 State Vs Mansi
CNR No.MHMM18-000279-2014
ORDER BELOW EXH.1
Perused record. Prima facie case made out for offences punishable
under Sections 419, 420 r/w. 34 of Indian Penal Code and Section 66(c)
and 66(d) of Information Technology Act. Cognizance taken. Issue
process against accused persons for the said offences.
MUMBAI (KOMALSING RAJPUT)
DATE – 22.10.2021 M.M., 12TH COURT, BANDRA, MUMBAI
-- 62 of 97 --
C. C. No. 60 PS 2014 State Vs Mansi
CNR No.MHMM18-000279-2014
COMMON ORDER BELOW EXH.1 AND BAIL APPLICATION NO.3572/2021
A. Accused produced with final report of investigation. They have no
complaint of ill-treatment.
B. Prima facie case made out for offences punishable under Sections
323, 354, 504, 506 and 509 r/w. 34 of Indian Penal Code. Cognizance
taken.
C. Accused are taken in M.C.R. In view of law laid down in the case
of Siddharam Mhetre Vs State of Maharashtra, accused are released on bail on
same terms and conditions, as directed by Sessions Court, while granting
Anticipatory Bail.
MUMBAI (KOMALSING RAJPUT)
DATE – 24.09.2021 M.M., 12TH COURT, BANDRA, MUMBAI
-- 63 of 97 --
C. C. No. 60 PS 2014 State Vs Mansi
CNR No.MHMM18-000279-2014
Accused are taken in M.C.R. In view of law laid down in the case
of Siddharam Mhetre Vs State of Maharashtra, accused are released on bail on
same terms and conditions, as directed by Sessions Court, while granting
Anticipatory Bail.
MUMBAI (KOMALSING RAJPUT)
DATE – 24.09.2021 M.M., 12TH COURT, BANDRA, MUMBAI
-- 64 of 97 --
C. C. No. 60 PS 2014 State Vs Mansi
CNR No.MHMM18-000279-2014
COMMON ORDER BELOW EXH.1 AND BAIL APPLICATION
B.A. NO.2969/2021
A. Accused produced with final report of investigation. He has no
complaint of ill-treatment.
B. Prima facie case made out for an offence punishable under Sections
279 and 338 of Indian Penal Code. Cognizance taken.
C. Accused is taken in M.C.R. He is released on bail on his furnishing
P.B. and S.B. of Rs.5,000/-. Permission granted to deposit cash security
instead of surety bond.
MUMBAI (KOMALSING RAJPUT)
DATE – 12.08.2021 M.M., 12TH COURT, BANDRA, MUMBAI
-- 65 of 97 --
C. C. No. 60 PS 2014 State Vs Mansi
CNR No.MHMM18-000279-2014
ORDER BELOW EXH.1
The matter is of the year 1998. Out of total 8 accused persons only
one accused, viz. Accused No.6, Mayur Trivedi, present. His Ld.
Advocate submitted that matter is old and the trial needs to be separated.
Due to absence of other accused persons he is suffering harassment.
Therefore, considering the age of the matter and this aspect the trial of
remaining accused persons is separated from Accused No.6, Mayur
Trivedi. He is directed to remain present on next date without fail for
framing charge./Charge be framed accordingly.
MUMBAI (KOMALSING RAJPUT)
DATE – 31.08.2021 M.M., 12TH COURT, BANDRA, MUMBAI
-- 66 of 97 --
S C C No. 161 of 2017 State Vs. Bashirahamad
CNR MHSI04-000368-2017
ORDER BELOW EXH.1
1. The matter is of the year 2018. Out of total 7 accused persons one
accused, viz. Accused No.6, Hanif Fariuddin Shaikh, reported to be dead.
Accused No.7, Ibrahim Abdul Jafar Shaikh, not arrested, till date.
2. Remaining accused persons i.e. Accused Nos.1 to 5, all the women
accused continuous present. Some of them are of old age. Matter is also
becoming old and the trial needs to be separated. Due to absence of other
accused persons they are suffering harassment. Therefore, considering the
age of the matter and this aspect the trial of remaining Accused No.7,
Ibrahim Abdul Jafar Shaikh, is separated from Accused Nos.1 to 5. the
proceeding stands abated against Accused No.6, Hanif Fariuddin Shaikh.
Charge be framed accordingly.
MUMBAI (KOMALSING RAJPUT)
DATE – 18.12.2021 M.M., 12TH COURT, BANDRA, MUMBAI
-- 67 of 97 --
S C C No. 161 of 2017 State Vs. Bashirahamad
CNR MHSI04-000368-2017
ORDER BELOW EXH.1
A. Material witnesses not supported prosecution. Considering the
nature of allegations pertaining to cheating, forgery and criminal breach
of trust there is no point in examining further witnesses. Therefore,
prosecution evidence is closed.
B. No incriminating circumstances found in the evidence of witnesses
examined by the prosecution. Therefore, statements of accused U/Sec.313
of Code of Criminal Procedure are dispensed with.
PUNE (KOMALSING RAJPUT)
DATE – 03.12.2019 J.M.F.C., CANTONMENT COURT, PUNE
ORDER BELOW EXH.1
Perused record. Prima facie case made out. Cognizance of an
offence punishable under Section 65(e) of Maharashtra Prohibition Act
taken. Issue process against accused for the said offence.
PUNE (KOMALSING RAJPUT)
DATE – 03.12.2019 J.M.F.C., CANTONMENT COURT, PUNE
ORDER BELOW EXH.1
The presiding officer is not vested with summary powers.
Considering the nature of matter, the matter is ordered to be proceeded as
per summons trial procedure.
PUNE (KOMALSING RAJPUT)
DATE – 03.12.2019 J.M.F.C., CANTONMENT COURT, PUNE
-- 68 of 97 --
S C C No. 161 of 2017 State Vs. Bashirahamad
CNR MHSI04-000368-2017
ORDER BELOW EXH.1
Perused record, heard learned advocate for the complainant. From the
complaint and verification prima facie for an offence punishable U/Sec.323 of
Indian Penal Code made out, hence order -
Issue process against accused for the offence punishable U/Sec.323 of
Indian Penal Code on P.F.
PUNE (KOMALSING RAJPUT)
DATE – 03.12.2019 J.M.F.C., CANTONMENT COURT, PUNE
ORDER BELOW EXH.1
Material witnesses examined. Matter is old. Therefore, prosecution
evidence is closed.
PUNE (KOMALSING RAJPUT)
DATE – 03.12.2019 J.M.F.C., CANTONMENT COURT, PUNE
ORDER BELOW EXH.1
Some of the material witnesses examined. Other witnesses not
traceable. Matter is old. Therefore, prosecution evidence is closed.
MUMBAI (KOMALSING RAJPUT)
DATE – 16.12.2021 M.M., 12TH COURT, BANDRA, MUMBAI
-- 69 of 97 --
C. C. No. 60 PS 2014 State Vs Mansi
CNR No.MHMM18-000279-2014
ORDER BELOW EXH.1
Material witness examined. Spot panchanama and injury certificate
admitted by accused. Therefore, prosecution evidence is closed.
MUMBAI (KOMALSING RAJPUT)
DATE – 18.12.2021 M.M., 12TH COURT, BANDRA, MUMBAI
-- 70 of 97 --
C. C. No. 60 PS 2014 State Vs Mansi
CNR No.MHMM18-000279-2014
ORDER BELOW EXH.1
Material witness i.e. informant examined. No other eye witness
stated anything against the accused. Accused admitted all the important
documents. There is no point in examining additional witnesses.
Therefore, prosecution evidence is closed.
MUMBAI (KOMALSING RAJPUT)
DATE – 04.03.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 71 of 97 --
C. C. No. 3661 PW 2015 State Vs Yunus
CNR No.MHMM18-005756-2016
ORDER BELOW EXH.1
A. Material witness i.e. informant examined. The allegations are not
much serious. Said witness not deposed material facts. Considering these
aspects there is no point in waiting for remaining witnesses. Therefore,
prosecution evidence is closed.
B. No material incriminating circumstances found in the evidence of
witnesses examined by the prosecution. Therefore, statements of accused
U/Sec.313 of Code of Criminal Procedure are dispensed with.
MUMBAI (KOMALSING RAJPUT)
DATE – 05.04.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 72 of 97 --
C. C. No. 3661 PW 2015 State Vs Yunus
CNR No.MHMM18-005756-2016
ORDER BELOW EXH.1
1. Accused produced with charge-sheet/final report of investigation at
02.00 p.m. Prima facie case made out. Cognizance taken of an offence
punishable under Section 37 r/w.135 of Maharashtra Police Act.
2. Accused has no complaint of ill-treatment at the hands of police.
He is taken in M.C.R. and released on bail on his furnishing P.R. Bond of
Rs.3,000/-. Matter is kept on 11.08.2022, for further orders.
MUMBAI (KOMALSING RAJPUT)
DATE – 07.06.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 73 of 97 --
C. C. No. 3661 PW 2015 State Vs Yunus
CNR No.MHMM18-005756-2016
ORDER BELOW EXH.1 (re-registration / wrong entry)
Perused record. The present matter is registered in C.I.S. as C. C.
No.3661/PW/2015, State Vs. Yunus Dadamiya Shaikh, though it is
triable as per procedure laid down for trial of summons cases. In physical
register maintained it is registered as C. C. No.3661/PS/2015, State Vs.
Yunus Dadamiya Shaikh. This irregularity needs to be cured. Therefore,
following order -
ORDER
a. The matter bearing C. C. No.3661/PS/2015, State Vs. Yunus
Dadamiya Shaikh, be re-registered in C.I.S. with fresh summons case
number. It's note be taken in concerned physical register maintained.
b. The present matter bearing as C. C. No.3661/PW/2015, State Vs.
Yunus Dadamiya Shaikh, be disposed off from C.I.S., in view of these
changes taken place.
MUMBAI (KOMALSING RAJPUT)
DATE – 05.07.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 74 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW EXH.1
1. Perused record. Heard Ld. Advocate for the accused.
2. The record reflects that matter is very old and despite repeated
issuance of summons by this court to the informant and its receipt by
informant. Informant is not coming to the court. Accused requested for
closure of prosecution evidence. Considering these aspects and in the
interest of justice, following order -
ORDER
a. Issue summons to informant and other witnesses, as a last chance.
b. If prosecution failed to produce witnesses on next date, further
order, which may include the order of closure of prosecution evidence,
may be passed.
c. Ld. A.P.P. to take note and do the needful before next date of
evidence.
MUMBAI (KOMALSING RAJPUT)
DATE – 12.07.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 75 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW EXH.1
1. Investigating Officer filed this final report. Prima facie case made out for
offences mentioned. Cognizance taken. Put up on .
2. Property, if any, seized shall be released forthwith on executing
Indemnity Bond of the value of the amount of property.
MUMBAI (KOMALSING RAJPUT)
DATE – / /20 M.M., 12TH COURT, BANDRA, MUMBAI
-- 76 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
-- 77 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW EXH.1
1. Investigating Officer filed this final report. Prima facie case made out for
offences mentioned. Cognizance taken. Put up on .
2. Accused, if any, arrested shall be released on bail on his furnishing P.R.
Bond of Rs.3,000/- each.
MUMBAI (KOMALSING RAJPUT)
DATE – / /20 M.M., 12TH COURT, BANDRA, MUMBAI
-- 78 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW EXH.1
The record reflects that all the respondents duly served vide Exhs.3
to 5, and reports annexed with them. Respondent Nos.2 to 4, appeared
and present before this court today, but not filed their formal appearance.
Therefore, there remained no option but to proceed further. Accordingly,
following order -
ORDER
Matter is ordered to be proceeded ex-parte against all the
respondents.
MUMBAI (KOMALSING RAJPUT)
DATE – 04.08.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 79 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW EXH.1
1. Respondent Mr. Kishor Jadhav Parmar, produced by Shri. R. S.
Gosavi, Head Constable, Borivali Police Station, Mumbai, at 01.40 p.m.
No complaint of ill-treatment.
2. Heard Ld. Advocate Shri. S. K. Pandey, for respondent. Perused
record. Respondent is ready to deposit Rs.25,000/- today and Rs.25,000/-
on fixed date i.e. on 20.02.2023. Therefore, respondent is discharged from
custody on his depositing Rs.25,000/- and condition that he shall deposit
amount of Rs.25,000/- on 20.02.2023. The other merits are kept open.
MUMBAI (KOMALSING RAJPUT)
DATE – 14.02.2023 M.M., 12TH COURT, BANDRA, MUMBAI
-- 80 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW EXH.1
Perused record. The present final report is filed beyond the period
of limitation provided for taking cognizance of the matter as per Section
468 of Code of Criminal Procedure. No sufficient reason assigned for
delay and its condonation is not justifiable. Delay can not be condoned.
Therefore, cognizance can not be taken. Charge sheet/final report is
rejected. Time barred
MUMBAI (KOMALSING RAJPUT)
DATE – 26.08.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 81 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW EXH.1
Perused record. Matter is quite old. Since long it is kept for
recording of verification of the complainant. Complainant and his
advocate continuous absent. Today it is kept for passing dismissal order,
but nobody turned up. It appears that complainant is no more interested in
proceeding with the matter. Therefore, order -
ORDER
Complaint is dismissed for want of prosecution. No order as to cost.
MUMBAI (KOMALSING RAJPUT)
DATE – 30.03.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 82 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW EXH.1
Perused record. Complainant and his advocate continuous absent.
No steps taken since long. It appears that complainant is no more
interested in proceeding with the matter. Hence, complaint is dismissed
for want of prosecution. Accused acquitted.
MUMBAI (KOMALSING RAJPUT)
DATE – 24.08.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 83 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW EXH.1
Perused record. Applicant and her advocate continuous absent. No
steps taken since long for argument on interim reliefs and further
proceedings. Respondent and his advocate continuous present. It appears
that applicant is no more interested in proceeding with the matter. Hence,
application is dismissed for want of prosecution. No order as to cost. dv
MUMBAI (KOMALSING RAJPUT)
DATE – 17.09.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 84 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW EXH.1
Perused record. Matter is quite old. The applicant and advocate
continuous absent.
The present application is filed for seeking direction to register the
birth. Except affidavit of the applicant and one of the witness there is
nothing on record in support of contentions. The evidence is not enough.
It seems that applicant is no more interested in proceeding with the
matter. Therefore, for want of sufficient material and further prosecution
following order -
ORDER
Application is rejected. No order as to cost.
MUMBAI (KOMALSING RAJPUT)
DATE – 01.08.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 85 of 97 --
ORDER BELOW EXHIBIT - 1
1. Perused record. Complainant and his advocate continuous absent.
2. The prayer of issuing direction under Section 156(3) of Code of
Criminal Procedure is already allowed. The law will take its course
further in pursuance of the said order. From the record it appears that
complainant is no more interested in proceeding with the present matter
and hence, following order -
ORDER
Complaint is disposed off.
BANDRA, MUMBAI (KOMALSING RAJPUT)
DATE : 25.08.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 86 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW EXHIBIT - 01
Applicant present with her advocate. Matter is amicably settled.
Both the parties filed pursis, Exh.13. Therefore, application is disposed
off as withdrawn. No order as to costs.
BANDRA, MUMBAI (KOMALSING RAJPUT)
DATE : 13.08.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 87 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW EXH.1
Perused record. Applicant and his advocate continuous absent. It
appears that applicant is no more interested in proceeding with the matter.
Therefore, application is dismissed for want of prosecution. notice
MUMBAI (KOMALSING RAJPUT)
DATE – 20.09.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 88 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW EXH.1
Material witnesses examined. Matter is old. Therefore, prosecution
evidence is closed.
MUMBAI (KOMALSING RAJPUT)
DATE – 26.07.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 89 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW EXH.1
Applicant and his advocate continuous absent. It is appears that
applicant is no more interested in prosecuting his interest. Therefore,
application is dismissed for want of prosecution.
MUMBAI (KOMALSING RAJPUT)
DATE – 28.07.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 90 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW EXH.1
Perused record. Today matter is kept for passing dismissal order.
Applicant and advocate absent. No any evidence led. It appears that
complainant is no more interested in proceeding with the matter. Hence,
complaint is dismissed for want of prosecution. Accused acquitted.
MUMBAI (KOMALSING RAJPUT)
DATE – 18.11.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 91 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW EXH.1
1. Perused record. Prima facie case made out. Cognizance taken of an
offence punishable under Section 392 r/w.34 of Indian Penal Code.
2. Issue production warrant to concerned jail authorities through Ld.
Metropolitan Magistrate, 37th Court, Esplanade, Mumbai, along with
request letter, for allowing the transfer of custody of accused persons in
this matter. Cognizance with transfer order
MUMBAI (KOMALSING RAJPUT)
DATE – 03.12.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 92 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
(IN C. R. NO. /2022, P.S.)
Perused application. Application is allowed. P.S.O./I.O. of present
crime is directed to handover the custody of articles seized to the
applicant on his executing Indemnity Bond of Rs.
MUMBAI (KOMALSING RAJPUT)
DATE – M.M., 12TH COURT, BANDRA, MUMBAI
-- 93 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW EXH.1
1. Perused record. Heard Ld. Advocate for the complainant.
2. This is an application under Section 156(3) of Code of Criminal
Procedure, seeking direction to register the offence against the
respondents and carry out investigation in the alleged acts constituting
offences punishable under provisions of the Protection of Children From
Sexual Offences Act, 2012 and Section 120-B of Indian Penal Code.
3. The application is supported by affidavit. Compliance of Section
154(2) done. Offences are cognizable in nature. Thus, the basic
requirements are satisfied.
4. However, before going into other merits of the matter it is
necessary to mention that in view of Section 33 of the Protection of
Children From Sexual Offences Act, 2012, this court has no jurisdiction
to entertain the complaint/application. Therefore, it needs to be returned
to the applicant for its presentation to proper court, hence order -
ORDER
The copy of the application/complaint be returned to applicant
along with all the documents annexed herewith, for its presentation to
proper court, retaining its photocopies.
POCSO
MUMBAI (KOMALSING RAJPUT)
DATE – 23.12.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 94 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW BAIL APPLICATION
Application is allowed. Accused released on bail on their furnishing
P.B. and S.B. of Rs.5,000/- each. Permission granted to furnish cash
security in substitution of S.B. Accused shall furnished their detailed
addresses and proofs thereof.
MUMBAI (KOMALSING RAJPUT)
DATE – 21.12.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 95 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW BAIL APPLICATION
Application is allowed. Accused released on bail on furnishing P.B.
and S.B. of Rs.15,000/- each. Permission granted to furnish cash security
in substitution of S.B. Accused shall furnished detailed address and proof
thereof.
MUMBAI (KOMALSING RAJPUT)
DATE – 12.01.2023 M.M., 12TH COURT, BANDRA, MUMBAI
-- 96 of 97 --
C. C. No. 580 PS 2022 State Vs Diwan
CNR No.MHMM18-001203-2022
ORDER BELOW EXH.1
From the record and application filed by Ld. A.P.P. it is clear that
the matter has been disposed off inadvertently. Therefore, the order dated
06.08.2022, is revoked and matter is ordered to be proceeded further as
per law. Concerned clerk shall also revoke the matter in C.I.S. Keep it on
01.08.2023.
MUMBAI (KOMALSING RAJPUT)
DATE – 30.05.2023 M.M., 12TH COURT, BANDRA, MUMBAI
-- 97 of 97 --