Interim Order 2

Order Details: Order below EX-1
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS,
39th COURT, VILE PARLE, MUMBAI.
ORDER
This is complaint filed wide section 210(1)(a) r/w. Section 2(h) of the Bhartiya
Nagarik Surksha Sanhita, 2023 (in short ‘the BNSS’) alleging for commission of a cognizable
offence. In view of first proviso to sub-section (1) of section 223 of the BNSS, notice was
issued to the accused. That, despite the said notice is duly served on the accused, the accused
did not appear in the Court nor responded to it. Therefore, the accused has impliedly declined
and waived his statutory right of being heard. In such situation, except to proceed with the
complaint according to the statutory provisions, no option is remained. Thus, the complaint is
required to be taken ahead in terms of procedure.
Read the complaint. As this complaint has been filed by the person who is “public
servant” and as in view of second proviso to sub-section (1) of section 223 of the Bhartiya
Nagarik Surksha Sanhita, 2023 (in short ‘the BNSS’) the complainant has not been examined.
The complaint is filed by Municipal Corporation of Greater Mumbai through Assistant Law
Officer. It be registered as Summons Case (SS).
The notice before issuance of process was issued to the accused which was duly
served on him. Enquiry vide section 225 of the BNSS is also made.
Prima facie case has been
made out against the accused for the offence punishable under section 394/471 of the Mumbai
Municipal Corporation Act, 1888. Hence, issue process against the accused vide Sec. 227 of
the BNSS for the abovesaid offence.
Sd/-
(Amrit C. Birajdar)
Judicial Magistrate (First Class),
Dated : 24/07/2026 39th Court, Vileparle, Mumbai.
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