Order 3

Order Details: Order Below EX 1
Pdf Text: C. C. No. 103 SW 2022 Melwyn Vs Marina and ors.
CNR-MHMM18-006877-2022
COMMON ORDER BELOW EXHS.17, 18 AND 19
1. Perused record. Heard Ld. Advocate for the complainant.
2. The present applications are filed for taking the matter on file today
and preponement of the date, which is fixed on 17.06.2025.
3. The record reflects that on relevant fixed date complainant was
absent, some of the accused persons were present, therefore, matter was
adjourned upto 17.06.2025. The advocate holding for the main advocate
of the complainant mentioned nothing about the urgency. Later on the
present application is filed.
4. It is clarified by this court to the Ld. Advocate for the complainant
and tried to make her understand that the matter is now adjourned and in
absence of accused persons the date can not be preponed. Further, it is
also clarified that there about 13,000 matters, out of which near about
6,000 matters are old matters pending in this court and the Presiding
Officer is due for the transfer this year. Therefore, he is not going to open
any new matters and he is going to attempt the conclude the evidence in
part heard matters and dispose them off before transfer. Further, as some
of the accused persons are yet to be appeared, she can take steps. But she
is unable to understand this situation and filed this application.
5. Ld. Advocate filed on record photocopy of email, which he
claimed to be sent to the advocate for the accused persons. The accused
or their advocates are absent. The procedure followed by Ld. Advocate is
alien to the law and not in any way in aid of the complainant.
6. Considering the above discussed facts and the ground realities the
date can not be preponed. Therefore, application is rejected. Complainant
is at liberty to take steps against accused persons who are yet to appear or
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C. C. No. 103 SW 2022 Melwyn Vs Marina and ors.
CNR-MHMM18-006877-2022
if steps already taken summons/warrant, relevant processes as per law
shall be issued.
MUMBAI (KOMALSING RAJPUT)
DATE – 11.10.2024 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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