Interim Order 3

Order Details: Order below EX-1
Pdf Text: ORDER BELOW VAKALATNAMA AT EXH. 3
FILED.
Sd/-
(Amrit C. Birajdar)
Judicial Magistrate (First Class),
Date : 23/09/2026 39th Court, Vile Parle, Mumbai.
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ORDER ON PERSONAL RECOGNIZANCE BOND OF ACCUSED AT EXH. 5
In terms of the conditions mentioned in the Personal Recognizance
Bond submitted by the accused, same is accepted.
Sd/-
(Amrit C. Birajdar)
Judicial Magistrate (First Class),
Date : 23/09/2026 39th Court, Vile Parle, Mumbai.
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ORDER ON APPLICATION FOR PLEADING GUILTY EXH. 6
Application for pleading guilty voluntarily allowed.
Sd/-
(Amrit C. Birajdar)
Judicial Magistrate (First Class),
Date : 23/09/2026 39th Court, Vile Parle, Mumbai.
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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, in response to the
said notice the accused appeared but did not file his say to the notice. 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 -: 23/09/2026 39th Court, Vileparle, Mumbai.
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