Interim Order 2

Order Details: Order Below EX 1
Pdf Text: C. C. No. 1639 PW 2022 State Vs Rafique and ors.
CNR No.MHMM18-008083-2022
ORDER BELOW EXH.1
1. Perused record. Heard Ld. Advocate for the first informant Mr.
Azam Ali Gulam Ali Shaikh. Perused application filed by informant
along with order of Hob’ble High Court, passed in Criminal Writ Petition
(St) No.2269 of 2024.
2. The application, Exh.10, filed by informant is taken on record. On
it’s basis and on the basis of order passed by Hon’ble High Court in
above mentioned Writ Petition Ld. Advocate for informant prayed for
disposal of the matter.
3. The relevant order clause passed in Criminal Writ Petition (St)
No.2269 of 2024, of Hon’ble High Court, runs as follows -
Clause vi – The Petitioner No.1, shall withdraw/compound the
proceedings arising out of F.I.R. No.101 of 2019, registered with
Bandra Police Station, pending before Ld. Metropolitan Magistrate,
12th Court, Bandra, Mumbai.
4. The charge sheet filed under and the cognizance of the offences
punishable under Sections 120-B, 323, 384, 452, 504 and 506 r/w.34 of
Indian Penal Code, is taken by this court. As such the prosecution is
pending for these offences. Out of these, offences punishable under
Sections 120-B, 384 and 452 of Indian Penal Code, are not
compoundable. Informant can neither compound those offences nor
withdraw prosecution the same as he has no authority to do so.
5. As order passed by Hon’ble High Court, the permission is granted
to informant to withdraw/compound the proceedings. There is no specific
direction or order to this court that proceeding is quashed and it shall be
disposed off, or no inference about the direction for order from Hon’ble
High Court about to dispose off the matter, can be drawn from the above
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C. C. No. 1639 PW 2022 State Vs Rafique and ors.
CNR No.MHMM18-008083-2022
order clause, if the whole order read in it’s context with other
observations made therein. Therefore, prayer of Ld. Advocate for the
informant can not be allowed.
6. From the record it is clear that Ld. Advocate not brought the fact
that certain offences are non-compoundable to the notice of Hon’ble High
Court, when above order was passed/directions were issued. Before
proceeding further to pass any order I am of the opinion that this
clarification is necessary. Hence, following order -
ORDER
a. The application, Exh.10, is taken on record for further orders.
b. Ld. Advocate for the informant is requested to brought to the notice
of Hon’ble High Court, that out of the offences for which charge sheet is
filed, the offences punishable under Sections 120-B, 384 and 452 of
Indian Penal Code, are not compoundable and hence,
complainant/informant can neither compound those offences nor
withdraw prosecution for the same as he has no authority to do so and
obtain necessary orders from the Hon’ble High Court to that effect so that
further, orders can be passed.
c. Matter is kept on fixed date with liberty to informant to take the
matter on board on any working day after compliance of above
order/Clause b.
MUMBAI (KOMALSING RAJPUT)
DATE – 15.05.2024 M.M., 12TH COURT, BANDRA, MUMBAI
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