Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
C.C. NO. 621 /MISC/ 2022
CNR. No. MHMM18-014279-2022
ORDER BELOW EXH-1
1. The charge-sheet has been filed after delay of around two
years. Thus, the investigating officer sought to condone delay and to
accept the charge-sheet on the ground that due to work load and
technical difficulties of investigating officer as well as Covid 19
Pandemic, the delay has been caused mistakenly.
2. Perused the application and affidavit. Accused failed to file
his say.
3. Having gone through the charge-sheet, it is found that the
entire investigation has been concluded in the month of November,
2020 i.e. within one month from registration of crime. The crime is
registered on 17.11.2020. The date of letter for filing charge-sheet is
22.12.2022. It means exactly the charge-sheet was decided to file at the
end of limitation period. Due to Covid 19 Pandemic, charge-sheet not
filed but when the court started full fledged working, the police filed
charge-sheets and therefore, 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 cyclo-style
typewritten application & affidavit, which shows the lackadaisical
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attitude and negligent approach even in making the application seeking
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 charge-sheet cannot be
accepted.
7. Resultantly, no justified explanation/cause for delay found.
No cognizance can be taken, as charge-sheet is time barred vide section
468 of the Cr.P.C. Accordingly, charge-sheet rejected and send back to
the concern police station. Inform Commissioner of Police accordingly.
J.C. to comply.
Date: 29.08.2023 (Smt. A.M. Shah),
Metropolitan Magistrate, 32ndCourt,
Bandra, Mumbai.
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