Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
C.C. NO. 641/MISC/2019
ORDER BELOW EXH1
1. The chargesheet has been filed after delay of around two
and half years. Thus, the investigating officer sought to condone delay
and to accept the chargesheet on the ground that due to transfer of
investigating officer to other police station, the delay has been caused.
2. Perused the application, affidavit. Accused failed to file his
say though he has given considerable time. Ld. APP failed to argue.
3. Having gone through the chargesheet, it is found that the
entire investigation has been concluded in the month of June, 2017 i.e.
within the month of registration of a crime. The crime is registered on
23.06.2017. The format of chargesheet Exh1 shows the date of filing
chargesheet is 22.11.2019. It means exactly the chargesheet 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 application and affidavit is cryptic, vague and does not
give any proper ground to justify delay. It is just a cyclostyle
typewritten application & affidavit, which shows the lackadaisical
attitude and negligent approach even in making the application seeking
condonation of delay. When the ground of transfer is raised, atleast the
date of transfer and the place of transfer is to be mentioned, so that it
can be ascertained said ground is genuine or not ?
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5. Non mentioning of the material particulars is sufficient to
raise an 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 chargesheet cannot be
accepted. As such, the prosecution seems not serious in filing the delay
condonation application and in arguing the same.
7. Resultantly, no justified explanation/cause for delay found.
No cognizance can be taken, as chargesheet is time barred vide section
468 of the Cr.P.C. Accordingly, chargesheet rejected and send back to
the concern police station. Inform Commissioner of Police accordingly.
J.C. to comply.
Date: 16.12.2021 (Smt. A.M. Shah),
Metropolitan Magistrate, 32nd Court,
Ssl. Bandra, Mumbai.
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