Interim Order 1

Order Details: Order
Pdf Text: 1 of 3 C.C. No. 2216/SS/2018
order below Exh-5 &11
IN THE COURT OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE
22nd COURT, ANDHERI, MUMBAI.
COMMON ORDER BELOW EXH-5 & 11 IN C.C. NO.2216/SS/2018
1. The applications at Exh-5 and Exh-11 are filed by a stranger to
the proceeding. By exhibit-05 he is requesting the court to proceed against the
persons mentioned in his application as per section 340 of the Code of
Criminal Procedure. By exhibit-11 he prayed that he be added as a necessary
party to the proceeding under Order-I Rule-9 of Civil Procedure Code.
2. Perused the applications. Heard the stranger objectioner in
person. Also perused the record and proceeding of the case.
3. On perusal of record it transpires that Criminal Case No.
2216/SS/2018, is filed by the State of Maharashtra through Government
Labour Officer for violation of provisions of Contract Labour(R & A) Act
1970 and Maharashtra Contract Labour(R & A) Rules 1971. The order of
issuance of process against the accused was passed by the learned Predecessor
of this Court on 22.05.2018. By order dated 18.02.2025 passed by the
Hon’ble Bombay High Court in Criminal Writ Petition No.2410/2019, the
order of issuance of process dated 22.05.2018 was quashed and set aside and
this Court was directed to pass a reasoned order afresh in the case pending
before it. Now the case is pending for hearing on issue process.
4. In both the applications the objection petitioner claims himself to
be whistle blower and a diligent citizen. He has mentioned names of several
persons in the application at Exh-05 and prayed that proceeding under section
340 of of the Code of Criminal Procedure be initiated against them and they be
called in person for the said proceeding. In application at Exh-11, he contends
that he is a necessary party to the proceeding and hence he be added as
intervener, by invoking provision of Order I, Rule-9, 10(2) of the Civil
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2 of 3 C.C. No. 2216/SS/2018
order below Exh-5 &11
Procedure Code.
5. As stated earlier criminal case No. 2216/SS/2018 is initiated by
the State Government though its officer and the order of issuance of process
dated 22.05.2018 itself is quashed. It appears that the objection petitioner who
claims himself to be some whistle blower, is stranger to the proceeding. He
intends that proceeding should be initiated against some people mentioned in
his application. However, he has no locus in the matter which is filed by the
complainant i.e. Government of Maharashtra through Government labour
officer. It appears that the objection petitioner intends to settle some personal
scores. Hence, he keeps on filing various applications in the proceeding in
which he has no locus standi.
6. In view of order dated 18.02.2025 passed by the Hon’ble
Bombay High Court in Criminal Writ Petition No.2410/2019, the question of
initiating any proceeding under section 340 of the Code of Criminal Procedure
does not survive. Likewise, the objection petitioner has no locus standi in the
matter, hence, his application for impleading him as a necessary party by
invoking the provisions of order I Rule 9 the Civil Procedure Code, Order I
Rule 10(2) of the Civil Procedure Code, is absurd and cannot be considered
favourably.
7. As noted above it appears that the objection petitioner wants to
settle some scores with the persons referred in his application. Hence, he
keeps on filing irrelevant applications on record and insists on personal
hearings thereby wasting valuable time of the Court. In view of the aforesaid,
this Court is not only rejecting the applications of the objection petitioner for
the aforesaid reason, but also is constrained to preclude the objection
petitioner from obstructing the proceedings of the Court by filing absurd
applications in the proceedings and forwarding irrelevant e-mails on the e mail
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3 of 3 C.C. No. 2216/SS/2018
order below Exh-5 &11
ID of the Court. Thus, following order is passed:-
ORDER
1. Applications at Exh-05 & Exh-11 are rejected.
2. All other applications by this objection petitioner are filed.
3. Objection petitioner is precluded from filing any application in the
proceeding or disturbing the proceedings of the case in future.
Date:- 05.07.2025
Sd/-
(Ms. G. D. Nirmale)
Addl. Chief Judicial Magistrate,
22nd Court, Andheri, Mumbai.
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