Interim Order 4

Order Details: Order
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IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS,
44TH COURT, ANDHERI, MUMBAI.
C.C.No.826/MISC/2018
ORDER PASSED ON APPLICATION FOR INITIATION OF CHAPTER
PROCEEDINGS (EXH.NO.09)
(Passed on 27/05/2025)
Shri Ramesh Nainani against whom the informant namely
Pratima Rai had lodged the FIR No.144/2018 on 07/04/2018 for the
offence punishable under section 354(A) and 509 of Indian Penal Code,
has filed this application for initiation of Chapter proceeding against the
informant on the ground that the concerned Police Station filed ‘B’
summary against him wherein it is stated that there is no sufficient
evidence available against him in the said offence (FIR No.144/2018).
According to him, the informant has filed the false FIR, complaints and
baseless letters before the police station. It is further submitted that the
informant used to harass him by filing repeated false complaints against
him. Hence, this application came to be filed.
2. Per contra, the informant opposed the application on the
ground that this application is not tenable. According to her, the police
did not carry out the investigation in the said offence and she has filed
the protest petition before this Court.
3. Having heard the learned advocates for both the sides, I
perused the record.
4. It is pertinent to note here that the protest petition filed by
the informant against the ‘B’ summary is converted into private
complaint. Moreover, the informant challenged the order dated
09/07/2024 passed by this Court before the Hon’ble City Civil & Addl.
Session Judge, Dindoshi, Mumbai. Thus, the matter is subjudice. In such
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circumstances, unless and until these matters are decided, it cannot be
said that the informant lodged false complaints against the applicant.
5. It is pertinent to note here that this Court is not empowered
to deal with the Chapter proceedings. In other words, the Chapter
proceedings are entertained and tried by the Executive Magistrate as
per the provisions of the Code of Criminal Procedure. Hence, on this
legal ground also, the present application on hand is not maintainable.
Resultantly, I pass the following order:-
ORDER
The application stands rejected.
Sd/-
( Sujitkumar C. Tayde )
Judicial Magistrate First Class,
Date :- 27/05/2025 44th Court, Andheri, Mumbai.
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