Order 2

Order Details: Order Below EX 1
Pdf Text: MHMM180075122018 Summons Cases SS/1184/2018
NAQI SIDDIQUI Vs. SUNIL UMESH SHELAR
IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.38
1. This is an application for recalling of PW-02/CW-02 filed under
section 311 of Code of Criminal Procedure.
2. Complainant strongly objected the application on the ground of
dilatory tactics.
3. Heard both sides.
4. Proceeding shows that accused is absent frequently. No legal
substance found in the application to recall PW-02/CW-02. Change of
advocate can not be the ground for seeking liberty. However, in order to
give one more opportunity, this court deems fit to invoke the powers
conferred upon this court for the purpose of chance of fair trial. Hence,
I pass following order.
ORDER
1) Application is allowed subject to payment of cost of
Rs.5,000/- to be paid to the complainant.
2) Costs are condition precedent to exercise further right of
cross examination.
3) Advocate on record to take a note that no adjournment
would be granted on next date on any ground and in
case of failure to go with the proceeding, right of accused
in defence will be closed.
4) Order dictated and pronounced in open court.
5) Order be uploaded on Court Web Portal.
Mumbai, (M. P. Saraf)
Dated : 10.03.2026. Judicial Magistrate First Class,
58th Court, Bandra, Mumbai.
J.O.Code-MH01362
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2 Summons Cases SS/1184/2018
Order Below Exh.38
CERTIFICATE
I affirm that the contents of this P.D.F. file Order are same, word to word as per the
original Order.
Name of Stenographer : Mrs. Aditi Ravikiran Dalvi
Court : Judicial Magistrate, First Class, 58th Court, Bandra,
Mumbai.
Dictated in open court on : 10.03.2026.
Transcribed and Typed on : 10.03.2026.
Order printed and Signed on : 10.03.2026.
Order Uploaded on : 10.03.2026.
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