Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
C.C. NO. 107 /MISC/ 2021
CNR. No. MHMM18-005384-2021
ORDER BELOW EXH-1
1. The charge-sheet has been filed after delay of around four years.
Thus, the investigating officer only filed his affidavit and he does
not want to delay it by giving application.
2. Perused the affidavit. Accused filed his say. He prayed for
rejection.
3. Having gone through the charge-sheet, it is found that the entire
investigation has been concluded in the month of December, 2017.
The crime is registered on 27.12.2017. The date of affidavit is
03.04.2021. It means exactly the charge-sheet 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 affidavit is cryptic, vague and does not give any proper
ground to justify delay. It is just a cyclo-style typewritten affidavit,
which shows the lackadaisical attitude and negligent approach even
in making the affidavit seeking condonation of delay. When the
ground of technical difficulty and work 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
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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 charge-sheet cannot be
accepted.
7. Resultantly, no justified explanation/cause for delay found. No
cognizance can be taken, as charge-sheet is time barred vide section
468 of the Cr.P.C. Accordingly, charge-sheet rejected and send back
to the concern police station. Inform Commissioner of Police
accordingly. J.C. to comply.
Date: 10.10.2023 (Smt. A.M. Shah),
Metropolitan Magistrate, 32ndCourt,
Bandra, Mumbai.
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