Interim Order 1

Order Details: Order
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IN THE COURT OF METROPOLITAN MAGISTRATE
44TH COURT, ANDHERI, MUMBAI.
C.C.No.2996/PW/2018
State of Maharashtra
(Through Versova Police Station), ….Complainant
V/s.
Mitesh Pushpsen Jhaveri, …. Accused
ORDER BELOW EXH. NO.03
The accused who is alleged to have committed the offence
punishable under section 509 of the Indian Penal Code r/w. 67 (A) of
Information Technology Act filed this application for discharge under section
239 of Cr. P.C. on the ground that the case was filed against him with ulterior
motive and the accusations has no probative value. According to the
applicant/accused, the material ingredients of the alleged offence are not
made out and this case came to be filed to abuse the process of law and to
damage the reputation of the accused. Hence, he prayed to discharge him
from this case.
2. On the other hand, the learned APP opposed the application on
the ground that the prima facie case is made out against the accused and the
alleged offence are serious and therefore, this application is not tenable.
3. Having heard the learned advocates for both the sides, I perused
the record.
4. The record shows that the accused was having love affair with
the informant and he threatened her to disclose his love affair to her boss. So
also the record shows that the accused sent obscene and insulting messages to
the informant and her relatives on social media. Moreover, as per the
averments made in the complaint, it appears that the accused took the
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informant to Goa and promised her to remarry with her after having obtained
divorce from his wife. Thus, it appears that the allegations levelled against
the accused are of serious nature.
5. Though the accused has taken a stand that the said allegations
are false, yet in my opinion, unless and until the informant and the other
witnesses are given a chance of being heard, it will be unjust to discharge the
accused at this premature stage.
6. Apart from this, the alleged offence is against the women and
documents i.e. online exchange of chats and the photographs placed on
record show that there is ample material available on record to proceed
further with this case. In short, prima facie case is made out against the
accused. So also the ground raised by the accused are not supported by any
relevant documents. Therefore, having regard to the seriousness of the
offence and the status of the informant, in my opinion, the accused cannot be
discharged under section 239 of the Code of Criminal Procedure unless and
until the full flagged trial is over. Hence, I pass the following order:
O R D E R
The application stands rejected.
Sd/
( Sujitkumar C. Tayde )
Date : 26.12.2023 Metropolitan Magistrate,
44th Court, Andheri, Mumbai.
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