Interim Order 1

Order Details: Order
Pdf Text: IN THE COURT OF THE JUDICIAL MAGISTRATE (FIRST CLASS)
10TH COURT, ANDHERI, MUMBAI
C.C.No. 1457/ PW/2018
ORDER BELOW DISCHARGE APPLICATION FILED BY ACCUSED VINOD VYAS
On perusal of application it appears that the accused has
mentioned that he has filed a Writ Petition before the Hon’ble Bombay
High Court bearing 2050 of 2018 for quashing of FIR No. 716/2017.
The Ld. Advocate Savita Metkari appearing for accused has confirmed
this fact on query. Since a Writ Petition for quashing of FIR is pending
before the Hon’ble High Court, the present discharge application cannot
be proceeded with.
2. Hearing the discharge application when the Writ Petition
seeking quashing of FIR is subjudice before the Hon’ble Bombay High
Court, may amount an act of judicial impropriety. It also appears from
the record that the prosecution filed reply on discharge application on
12/03/2026. Since thereafter, the accused never argued the discharge
application and has sought adjournments. His conduct of asking reliefs
of similar nature before two different authorities is an act of forum
shopping which is impermissible. It is also the matter of record that as
on today no orders granting the stay to the hearing of the matter by the
Hon’ble Bombay High Court has been passed. Thus, the accused is
hereby directed to remain present in person and with his Advocate
without fail and take his own call whether he wants to proceed the
discharge application or not.
Sd/-
(S.G. Agrawal)
Place : Mumbai. Judicial Magistrate (F.C.)
Dated : 27/07/2026 10th Court, Andheri, Mumbai.
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