Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
C.C. NO. 642/MISC/2019
CNR. No. MHMM180083592019
ORDER BELOW EXH1
1. The chargesheet has been filed after delay of around Four
years one month. Thus, the investigating officer sought to condone
delay and to accept the chargesheet on the ground that due to work
load and technical difficulties of investigating officer, the delay has been
caused mistakenly.
2. Perused the application and affidavit. Accused failed to file
their say.
3. Having gone through the chargesheet, it is found that the
entire investigation has been concluded in the month of November,
2017 i.e. within three years from registration of crime. The crime is
registered on 09.10.2014. The date of letter for 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 technical difficulty and work
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load, at least the details of such work is to be mentioned, so that it can
be ascertained said ground is genuine or not ?
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.
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: 22.04.2022 (Smt. A.M. Shah),
Metropolitan Magistrate, 32ndCourt,
Bandra, Mumbai.
ssl.
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