Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
C.C. NO. 261/MISC/ 2022
CNR. No. MHMM180142192022
ORDER BELOW EXH1
1. The chargesheet has been filed after delay of around four
years. 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, affidavit and say of accused Nos.1,
3, 6 to 10. Other accused persons are absent and Kherwadi police
station failed to execute notice on them.
3. Having gone through the chargesheet, it is found that the
entire investigation has been concluded in the month of August, 2018
i.e. within same month from registration of crime. The crime is
registered on 14.08.2018. The date of letter for filing chargesheet is
11.07.2022. 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
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condonation of delay. When the ground of technical difficulty and work
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: 04.08.2023 (Smt. A.M. Shah),
Metropolitan Magistrate, 32ndCourt,
Bandra, Mumbai.
ssl.
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