Order 3

Order Details: Order
Pdf Text: 1 C. C. No.1515/SS/2018
Exh.173
ORDER BELOW EXH.173
1. Read the application and say thereon. Perused record.
Nobody appeared on behalf of accused to argue this application.
Heard the learned advocate of complainant.
2. Perusal of record shows that the examination-in-chief
of C.W.1 was filed on 28/10/2017. Thereafter, the admissibility of
documents came to be adjudicated on 23/09/2022. Since then, the
matter was pending for cross-examination for a long time.
Thereafter, as the accused and his advocate on record remained
absent on 24/08/2023 and therefore, the matter proceeded
without cross-examination of C.W.1. Thereafter accused filed an
application for setting aside ‘no-cross’ order and recalling of
complainant. Said application was allowed with costs of Rs.500/-
vide order dated 06/07/2024. However, the accused did not
comply with that order and failed to cross-examine the
complainant and accordingly, on 11/03/2025 again ‘no-cross’
order came to be passed against him. Further perusal of record
shows that on 09/06/2025 the accused filed present application
with similar prayer but did not turn before this court for further
prosecution of this application. Today also accused and advocate
are absent though called out repeatedly. This conduct of the
accused itself is sufficient to show that he has filed this
application only with an intention to protract the trial. Apart
from this, even from the record of this matter, it transpires that
the accused is not entitled to get the relief sought. Consequently,
the application itself being devoid of any merits, stands rejected.
Date : 11/09/2026
( D. P. Kasat)
Judicial Magistrate First Class,
63rd Court, Andheri, Mumbai
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