Order 1

Order Details: Order below Ex-1
Pdf Text: IN THE COURT OF THE JUDICIAL MAGISTRATE (FIRST CLASS)
10TH COURT, ANDHERI, MUMBAI
C.C.No. 142/SW/2019
ORDER BELOW EXH.1
The complainant alongwith his Ld. Advocate is present before the
Court.
2. Record shows that the present matter was sent to D.N.Nagar P.S.
for conducting investigation the inquiry u/Sec. 202 of Cr.P.C. Accordingly
report was filed. Record also shows that the complainant has filed affidavit in
lieu of verification u/Sec. 200 of Cr.P.C. However, such process is not
contemplated in Section 200 of Cr.P.C. Rather, the examination should be
taken by the Court. As stated above the initial proceedings have not been
undertaken as per the provision of law. The complainant has not been
examined by the Court itself u/Sec. 200 of Cr.P.C. Complainant’s examination
as well as the examination of witnesses of the complainant u/Sec. 200 of
Cr.P.C. Such defect cannot be cured after issuance of process and passing an
order to issue process without examining the complainant on oath u/Sec. 200
of Cr.P.C. would be complete disregard of law and legal procedure and such
order cannot be sustained in law. In such circumstances, process cannot be
issued against the accused unless the process is rectified. In other words, any
order either allowing or rejecting to issue process would not be legal without
examining the complainant u/Sec. 200 of Cr.P.C.
3. Accordingly, the verification of the complainant u/Sec. 200 of
Cr.P.C is recorded today on oath.
Sd/-
(S.G. Agrawal)
Place : Mumbai. Judicial Magistrate (F.C.)
Dated : 29/06/2026 10th Court, Andheri, Mumbai.
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