Interim Order 1

Order Details: Order
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IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS,
44TH COURT, ANDHERI, MUMBAI.
C.C.No.3464/PS/2018
State of Maharashtra
(Through Versova Police Station), ….Prosecution
V/s.
Anuja Atulkant Goyal …. Accused No.3
ORDER BELOW DISCHARGE APPLICATION FILED BY ACCUSED NO.3
The accused no.3 who is alleged to have committed the
offence punishable under section 160 of the Indian Penal Code r/w 185
of Bombay Prohibition Act has filed this application for discharge under
section 239 of Cr. P.C. on the ground that there was unintentional
argument between the accused no.1 and 2 on the ground of
accumulation of water, but the police took the accused no.3 along with
accused no.1 and 2 in the Police Station and filed the false FIR.
According to her, she was not under the influence of any liquor and she
did not quarrel with anyone.
2. Per contra, the learned APP opposed the application on the
ground that there is ample material placed on record to substantiate the
charge against the accused. According to him, unless and until the
witnesses are given a chance of being heard, the accused cannot be
discharge.
3. Heard. Perused the record.
4. At the outset, it is pertinent to note here that the offence
registered against the accused are required to be tried summarily. In
other words, this is a summons trial. Therefore, the accused cannot be
discharged under section 239 of the Code of Criminal Procedure. Apart
from this, the prosecution has filed the relevant documents regarding
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C.A. report and the allegations are well founded. In such
circumstances, in my opinion, the witnesses of the prosecution need to
be heard. Hence, I am not inclined to allow this application.
Accordingly, I pass the following order:
O R D E R
The application stands rejected.
Sd/-
( Sujitkumar C. Tayde )
Date : 23.07.2025 Judicial Magistrate First Class,
44th Court, Andheri, Mumbai.
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