Interim Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 860 PW 2008 State Vs Damodar and anr.
CNR No.MHMM18-004836-2018
COMMON ORDER BELOW EXH.1
(In C. C. No. 860 PW 2008 and C. C. No. 1552 PW 2008)
1. Both these matters are off shoot of crime registered with Bandra
Police Station, Mumbai, bearing C. R. No.556/2007, registered under
Sections 406 and 498-A of Indian Penal Code, at the instance of
informant, Mrs. Manisha Kapil Mansharamani, against four persons, as -
1. Damodar Hariya Mansharamani,
2. Vijaya Damodar Mansharamani,
3. Kapil Damodar Mansharamani, and
4. Ravin Damodar Mansharamani.
2. After registration of crime, out of above four accused persons, two
accused persons, accused Mr. Damodar Hariya Mansharamani and Mrs.
Vijaya Damodar Mansharamani, approached Sessions Court and
anticipatory bail was granted to them. Remaining two accused persons,
Mr. Kapil Damodar Mansharamani and Mr. Ravin Damodar
Mansharamani, not traced as they were residing abroad.
3. After completion of investigation, therefore, charge sheet was filed
only against Mr. Damodar Hariya Mansharamani and Mrs. Vijaya
Damodar Mansharamani, and registered as C. C. No. 860 PW 2008. The
remaining two accused persons, Mr. Kapil Damodar Mansharamani and
Mr. Ravin Damodar Mansharamani, were shown as absconded and charge
sheet has not been filed against them.
4. Then accused Mr. Ravin Damodar Mansharamani, was arrested.
The investigation in respect of said accused was commenced and after
completion of investigation charge sheet was filed only against said
accused, which is registered as C. C. No.1552 PW 2008. The remaining
accused Mr. Kapil Damodar Mansharamani, again in this matter also, was
shown as absconded and charge sheet has not been filed against him.
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C. C. No. 860 PW 2008 State Vs Damodar and anr.
CNR No.MHMM18-004836-2018
5. In the mean time in both the present matters charges have been
framed, against accused Mr. Damodar Hariya Mansharamani, Mrs. Vijaya
Damodar Mansharamani and accused Mr. Ravin Damodar
Mansharamani. As accused Mr. Kapil Damodar Mansharamani, was
absconded charge has not been framed against him till date.
6. The accused persons against whom charge has been framed, then
approached High Court.
7. During pendency of the proceedings before High Court, on
12.04.2023, the absconded accused tried to file his appearance through
advocate. It is noticed that, the Vakalatnama is either coloured
photocopied or signature on the said Vakalatnama is not authentic rather
it appeared to be forged by somebody. This fact is brought to notice of
Ld. A.P.P. appeared on his behalf. Therefore, Ld. Advocate is directed to
do the needful.
8. Today, ignoring the previous directions, again advocate appeared.
He submitted that he will comply the previous directions on next date. He
also informed that the matter has been expedited by High Court.
Therefore, following order -
ORDER
The matter is kept for evidence of the informant only in respect of
those accused persons, against whom charge is filed i.e. Mr. Damodar
Hariya Mansharamani, Mrs. Vijaya Damodar Mansharamani and accused
Mr. Ravin Damodar Mansharamani. Copy of this order shall be kept in
both the matters.
Sd/-
MUMBAI (KOMALSING RAJPUT)
DATE – 31.07.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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