1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Letter Inward No. 24293/2009 in Criminal Writ Petition No. 424/2009 (d) Smt. Kavita Dnyaneshwar Bawane ..vs.. Smt. Bhagubai Ghanshyam Bawane & anr. --------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------- CORAM:- R. Y. GANOO, J. DATED :- 1 st October,2009 Order on explanation contained in letter dated 08.09.2009 sent by Civil Judge Jr. Division & J.MF.C. Mohadi. 1. While attending to Criminal Writ Petition No.424/2009, I had passed an order on 24.08.2009 calling upon learned Civil Judge Junior Division and J.M.F.C. Mohadi to tender explanation as to why he could not pass orders in connection with application filed by Smt. Kavita D. Bawane in Misc. Criminal Case No. 14/2007 pending on the file of J.M.F.C. Mohadi, being application below Exh.-20. 2. The learned Civil Judge Junior Division & J.M.F.C. has, by letter dated 08.09.2009 bearing No.583/2009, submitted is explanation. 3. I have perused the said explanation. It is noticed that in regard to the proceeding, on which order was required to be passed by learned J.M.F.C., certain developments had taken place prior to the taking charge by Judicial Magistrate First Class, whose 2 explanation is called for. The J.M.F.C., from whom explanation is called, took charge of the matter on 18.06.2009 and, thereafter, some time was taken by him to attend to the said application. The learned J.M.F.C. Has, in his explanation, stated that he has been appointed in July-2008 and the posting at Mohadi has been his first independent posting. He further stated that the application, on which he was required to pass order, was also of peculiar nature and he could not make up his mind about it. 4. After having considered the entire matter along with the explanation, I am of the view that the explanation can be accepted. Looking to the fact that the learned J.M.F.C. has been recently appointed, it appears that he was perplexed with the situation in which he was placed. He could not decide the matter promptly as was expected of him. 5. In view of above, following order is passed. The explanation is accepted. No further action is required to be taken in the matter. This order be filed along with proceedings namely Criminal Writ Petition No. 424/2009. JUDGE kahale