Order 1

Order Details: Order
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IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS,
44TH COURT, ANDHERI, MUMBAI.
C.C.No.3832/SS/2018
Gauri Tandle …. Applicant
V/s.
Rohan Kotwalkar …. Accused
ORDER ON APPLICATION FOR DISMISSAL OF CASE UNDER SECTION
203 OF CODE OF CRIMINAL PROCEDURE
(Passed on 27/02/2026)
On behalf of the accused, his learned advocate filed this
application for dismissal of the case on the ground that the complainant
has not adduced evidence since 29/07/2022 and kept the matter
pending just to abuse the judicial process. He relied on the several
citations.
2. Per contra, the applicant resisted the application on the ground
that the accused himself remain absent on the several dates and
therefore, he has no locus-standi to file this application. According to
the applicant, there is substance in this matter and sufficient material is
available against the accused. Hence, this application is liable to be
rejected.
3. Having heard the learned advocates for both the sides, I perused
the record.
4. In this case, the Court has issued the process under section
500 of Indian Penal Code against the accused Rohan after taking into
consideration the report filed under section 202 of the Code of Criminal
Procedure. The matter is fixed for adducing evidence. Thus, having
regard to the readiness and willingness of the complainant to proceed
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further with this matter and the sufficient material placed on record, I
am not inclined to dismiss this complaint under section 203 of the Code
of Criminal Procedure. Apart from this, the documents placed on
record prima facie show the involvement of the accused. Hence, unless
and until these documents are proved, it would not be justified to
dismiss the case at the premature stage. Hence, I pass the following
order:
ORDER
The application stands rejected.
Sd/-
( Sujitkumar C. Tayde )
Judicial Magistrate First Class,
Date :- 27/02/2026 44th Court, Andheri, Mumbai.
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