Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 154 SW 2021 Samir Bhojwani Vs Seema & Ors.
CNR-MHMM18-005961-2021
ORDER BELOW EXH.1
1. Somewhat peculiar facts occurred in this matter leading to passing
this order. Those facts can be summarized as, -
That there was Diwali vacation between 31.10.2021 to 07.11.2021.
The charge of this court is kept with various officers as in-charge of this
court for various urgent works. On 06.11.2021, the complainant in this
matter named Sameer Narayan Bhojwani, approached holiday/vacation
court (Presided over by Shri A. A. Dhumkekar, Metropolitan Magistrate, 60th
Court, Kurla, Mumbai), and filed this application under Section 156(3) of
Code of Criminal Procedure, alleging commission of offences mentioned
in the application. The said Ld. In-charge Officer on the same day i.e. on
06.11.2021, pleased to allow the prayer and passed following order :
“The proceeding be sent towards concerned police station
under Section 156(3) of Cr.P.C. for necessary action and
investigation. Concern to file report within 3 days. Copy be permitted
to concern after writing roznama.”
2. The above order is three fold, first, proceeding is directed to be sent
to concerned police station under Section 156(3) of Code of Criminal
Procedure, second, concerned is directed to file report within three days
and third, copy is permitted to concerned after writing roznama. These
facts occurred during vacation when the office was closed. The clerical
staff of this court was also absent. As such the matter was not registered
and the above order was passed without registration of the matter when it
was in custody of the in-charge Officer.
3. On 08.11.2021, after vacation regular court opened. The Record
and Proceeding of the matter arrived from concerned staff of the in-charge
of the relevant date. The roznama was not written. Then complainant also
appeared through his advocate. He prayed for certified copies and sending
the proceeding to concerned police station immediately by filing
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C. C. No. 154 SW 2021 Samir Bhojwani Vs Seema & Ors.
CNR-MHMM18-005961-2021
application to that effect. Then this court drawn attention of the Ld.
Advocate towards the fact that the matter is not registered, roznama is yet
to be written and certified copy can not be issued and it can not be send
without doing these ministerial/administrative compliances. Ld. Advocate
relied and drew attention of this court towards following order passed by
the in-charge Officer on the same day i.e. on 06.11.2021, during vacation
on another application filed by the complainant wherein concerned is
directed to register it as per rule. The said order runs as:
“Heard and seen. Considering pleading of complainant it
appears permission is necessary to file complaint in Diwali vacation
and concern register it as per rule.”
4. The cumulative effect of both these orders is that on one hand the
main prayer is allowed and matter is disposed off and on the other hand
though it is disposed off it is directed to be registered. I found no such
rule which will permit that disposed matter shall be registered post-facto
in the record and C.I.S. and after its registration it to be disposed off and
effect can be given in C.I.S. on the same day on the basis of the fact that
orders are already passed before its registration on some prior dates.
5. As observed above the direction to register the matter is already
issued to concerned department of the establishment of this court as per
order on the application filed by complainant in the main matter. So also
as per order passed below Exh.1, in main matter and as per request made
by complainant through his advocate, the matter needs to be disposed off
and record shall also be sent to concerned police station for further
compliance. It is also ordered that copy shall be permitted to concerned
after writing roznama, which is missing from the file sent by in-charge
court. Therefore, some order needs to be passed to comply the
directions/orders passed by Ld. in-charge court, for avoiding confusion.
Accordingly, following order :
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C. C. No. 154 SW 2021 Samir Bhojwani Vs Seema & Ors.
CNR-MHMM18-005961-2021
ORDER
The matter be registered as regular criminal case. After his
registration roznama be written accordingly as per facts and
circumstances occurred.
Sd/-
MUMBAI (KOMALSING RAJPUT)
DATE – 09.11.2021 M.M., 12TH COURT, BANDRA, MUMBAI
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