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Summons warrent Cases SW

RASHID BASHIR KHAN AHMEDVsSUDHAKAR SHETTY AND 4 OTH. +4 more

CNR MHMM19009330201810-Judicial Magistrate (First Class), 10th Court
Metropolitan Magistrate, Andheri, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 26th April 2022

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
323/2018
Registration Date
25 Jul 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    6

    Petitioner

    1. 1RASHID BASHIR KHAN AHMED

    Respondent

    1. 1SUDHAKAR SHETTY AND 4 OTH.
    2. 2ANWAAR MAULANA
    3. 3MOHAMMAD BHAI
    4. 4SAJJAD BHAI
    5. 5MAINU BHAI - RICKSHAW DRIVER

    Acts & Sections

    1
    Indian Penal Code · Sec 34 · 392 · 420 · 427 · 454

    Case History / Proceedings

    Case History
    Date: 01-10-2018
Business: Complainant present with adv.
All accused absent
Report of service of summons to all accused is awaited from D.N.Nagar police station
Adv. for complainant filed application for requesting for issue of show cause notice to sr. P.I. of concerned police station (Exh.C-6)
Issue show cause notice to sr. p.i. of concerned police station as per order on exh.c-6
Later on juhu police station filed report of service of summons to accused no.1,2,3,4 and 5 (Exh.C-7)
Summons served to accused no.1 and not served to accused no.2 to 5 as per report
For report of show cause notice and for steps
Next Purpose: NOT HEARD CASES
Next Hearing Date: 12-12-2018

Date: 12-12-2018
Business: Complainant present with Advocate.
Accused no.1 absent.
Exh.C.8 - Adv. for complainant filed appln. for issue B.Wt. against accused.
Order passed below Exh.C.8.
O - In view of police report filed vide Exh.7 accused no.1 is served with summons, however remained absent.  Hence, issue B.Wt of Rs.5000/- against accused no.1.
Next Purpose: Awaiting execution of Service Summons/BW
Next Hearing Date: 08-01-2019

Date: 08-01-2019
Business: As Ld. MM is gone for mediation training, hence case is adjourned
For report
Next Purpose: Awaiting execution of Service Summons/BW
Next Hearing Date: 22-03-2019

Date: 22-03-2019
Business: Complainant present with adv.
All accused absent
Accused no.1 is exempted for today through his adv. (Exh.9)
Adv. for complainant filed application requesting for issue of fresh summons to other unserved accused (Exh.10).  It is allowed
Issue summons to all other unserved accused
By consent of both sides case is adjourned
For report of service of summons
Next Purpose: Awaiting execution of Service Summons/BW
Next Hearing Date: 29-04-2019

Date: 29-04-2019
Business: As 29/04/2019 is declared as holiday due to election, hence case is adjourned
For report of service of summons to accused no.2,3 and 4
Next Purpose: Awaiting execution of Service Summons/BW
Next Hearing Date: 18-07-2019

Date: 18-07-2019
Business: Complainant and his adv. absent
All accused absent.   Adv. for accused present
As Ld. MM is on customs duty, hence case is adjourned
For report of service of summons to accused
Next Purpose: Awaiting execution of Service Summons/BW
Next Hearing Date: 04-10-2019

Date: 04-10-2019
Business: Complainant present with adv.
Accused no.1 to 4 absent and exempted for today
Accused no.5 present
Report of service of summons to accused persons is awaited
Adv. for complainant filed application requesting for issue of fresh summons to accused no.1 to 4.   It is allowed
Issue fresh summons to accused no. 1 to 4
For report of service of summons
Next Purpose: Awaiting services of notices/ summons
Next Hearing Date: 04-01-2020

Date: 04-01-2020
Business: Complainant present.   His adv. absent
Accused no.5 present with adv.
Accused no.1 to 4 absent
Report of service of summons to accused no.1 to 4 is awaited
Adv.for accused no.1 filed application requesting for exemption of accused no.1.   It is rejected as bailable warrant is pending against him.
Due to absence of adv. for complainant case is adjourned
For report of service of fresh summons to accused no.1 to 4
Next Purpose: Awaiting services of notices/ summons
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Business: As per directions of Honble High Court, due to precautions against Corona Virus and as there is no urgency in the matter, hence case is adjourned.
Next Purpose: Awaiting services of notices/ summons
Next Hearing Date: 03-12-2020

Date: 03-12-2020
Business: Due to pandemic situation arising out of covid 19, parties not appeared before the court today for further proceeding, hence case is adjourned
Next Purpose: Awaiting services of notices/ summons
Next Hearing Date: 02-06-2021

Date: 02-06-2021
Business: In view of the Corona Virus Pandemic situation, as per the SOP issued by the Hon. Bombay High Court and as per directions issued by Hon. CMM, Mumbai, the board is discharged.
Next Purpose: Awaiting services of notices/ summons
Next Hearing Date: 23-09-2021

Date: 23-09-2021
Business: Complainant is present. Adv. for complainant absent. Case is adjourned.
Next Purpose: Awaiting services of notices/ summons
Next Hearing Date: 08-11-2021

Date: 08-11-2021
Business: Complainant present in person.     His adv. absent
Accused are absent.    Report of service of notice to accused is awaited
No steps taken by complainant to proceed with the matter
Due to absence of adv. for complainant, case is adjourned
For steps from complainant
Next Purpose: Awaiting services of notices/ summons
Next Hearing Date: 20-11-2021

Date: 20-11-2021
Business: Complainant present.    Adv. Ejaj Ahmed Ansari filed VP for complainant and also filed application requesting for issue of fresh summons to accused persons.   It is allowed
Issue fresh summons to accused persons
For report of service of summons to accused persons
Next Purpose: Awaiting services of notices/ summons
Next Hearing Date: 30-12-2021

Date: 30-12-2021
Business: As ld.mm is on leave, hence board is discharged.
Next Purpose: Awaiting services of notices/ summons
Next Hearing Date: 14-03-2022

Date: 14-03-2022
Business: Complainant and his adv. Absent
All accused absent.     Their adv. present and filed application requesting for exemption of accused. (Exh.11).   It is rejected as bailable warrant is pending against accused
No steps taken by complainant to proceed with the matter
Due to absence of complainant and his adv, case is adjourned
For steps from complainant and report of bailable warrant against accused
Next Purpose: Awaiting services of notices/ summons
Next Hearing Date: 19-03-2022

Date: 19-03-2022
Business: Complainant and his adv. Absent
All accused absent.   Adv. for accused present
Report of bailable warrant against all accused is awaited
No steps taken by complainant to proceed with the matter
Due to absence of complainant and his adv and on request of adv. for accused, case is adjourned
For steps from complainant and for report of bailable warrant against accused
Next Purpose: Awaiting services of notices/ summons
Next Hearing Date: 25-03-2022

Date: 25-03-2022
Business: Complainant absent. Adv. for complainant is present. Case is adjourned.
Next Purpose: Awaiting services of notices/ summons
Next Hearing Date: 30-03-2022

Date: 30-03-2022
Business: Complainant and his adv. Absent
Accused and their adv. absent
Report of bailable warrant against accused is awaited
No steps taken by complainant to proceed with the matter
Due to absence of complainant and his adv, case is adjourned
For steps from complainant and for report of bailable warrant
Next Purpose: Awaiting services of notices/ summons
Next Hearing Date: 06-04-2022

Date: 06-04-2022
Business: Both the parties absent. Adj and kept on next date.
Next Purpose: Awaiting services of notices/ summons
Next Hearing Date: 26-04-2022

Date: 26-04-2022
Business: Complainant and his adv. absent
Accused are absent
Order passed separately below Exh.1 and the complaint is dismissed u/s. 256 Cr.PC for non prosecution by complainant
Nature Of Disposal: DISMISSED
Disposal Date: 26-04-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 9225/2018
Filing Date: 25-07-2018
First Hearing Date: 01st October 2018
Decision Date: 26th April 2022
Court Number And Judge: 10-Judicial Magistrate (First Class), 10th Court

    Orders

    1
    Final Order 1
    26 Apr 2022
    Order Details: Order below Ex-1
Pdf Text: C. C. No. 323 / SW / 2018.
ORDER BELOW EXH.1
(Passed on 26.04.2022)
The complainant and his learned advocate are absent. As per
case record the complainant is absent since long. He is not taking
requisite steps since long. Keeping in view the continuous absence
of complainant and his advocate, it is clear that complainant has
lost all his interest in this matter. Thus due to continuous absence
of complainant and not taking of requisite steps, I am satisfied to
dismiss the case for want of prosecution. Accordingly case is
dismissed under section 256 of Cr. P. C. All the accused are
acquitted in their absence.
Sd/-
Date 26.04.2022. (R. R. Khan)
Metropolitan Magistrate,
10th Court, Andheri, Mumbai.
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