Interim Order 2

Order Details: Order
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE
66TH COURT, ANDHERI, MUMBAI
C.C. NO. 2605/SS/2018
Ajay Jajodia ...Complainant
v/s.
Pooja Raikar & Ors. ...Accused
ORDER BELOW EXH.48
1. Complainant Ajay Jajodia and accused no. 1 to 3 are
present before the court. Advocate of the accused absent. Present
original complaint is filed by complainant for the offences punishable
under sectoins 500, 501, 504, 506 r/w 34, 114 and 120-B of IPC.
Present application-cum-complainant is sent by complainant by Speed
Post to this court. Envelope of Speed Post is at Exh.45. Complainant
Ajay Jajodiya made wild allegations against presiding officer of this
court for the best reasons known to him. He circulated this complaint to
the other Judicial Officers working at Andheri Center. Prima facie, the
allegations in the complaint are scandaliess which tend to lower the
authority of court. By sending such letter to presiding officer and other
judicial officers working at same center amounts to criminal contempt
within the meaning of Section 2 of The Contempt of Court Act. So also,
allegations are defamatory in nature.
2. Therefore, contempt reference needs to be send to the
Hon’ble High Court against the complainant Ajay Jajodia. At the same
time, various offences of IPC attracts against the complainant.
Therefore, proceeding also needs to be initiated against him for the
offences punishable under the provisions of Indian Penal Code.
However, before proceeding further against complainant, it is necessary
to call say of complainant again. So, show cause notices needs to be
issued against him calling his explanation. Detailed order in respect of
sending contempt reference and lodging criminal complaint can be
passed after going through the say of complainant lateron. Today,
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complainant filed application for expediate of the matter. In it, he stated
that he would like to withdraw the complaint filed against this presiding
officer before the Vigillance Officer, Bombay High Court Mumbai.
Submission of complainant in application Exh.56 appears to be not
genuine. In this view of matter, I proceed to pass following order:
O R D E R
1. Issue show cause notice against complainant Ajay Jajodia as to
why contempt reference under section 15 (2) of Contempt of
Court Act should not be sent to Hon’ble Bombay High Court
against him on count of sending and circulating present
complaint against the presiding officer of this court r/o
04/02/2021.
2. Issue show cause notice against complainant Ajay Jajodia as to
why proceeding as per the provisions of Indian Penal Code
should not be initiated against him as observed above r/o
04/02/2021.
(Bhagawat T. Zirape)
Dated : 15/01/2021 Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
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