Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
71st COURT, BANDRA, MUMBAI.
ORDER BELOW EXH.01 C.C.NO.161/PS/2020
State (Vakola P.S.) Vs. Abhishekh Pardesi Gaud
Today the case is taken up for disposal in special drive as
per the directions of the Hon'ble High Court. Accused alleged to have
committed an offence P/U/Sec.124 Bombay Police Act. Case is more
than 02 year old. In Mulchand Motilal Raka Vs. State of
Maharashtra, 1996(1) Bom. C.R.316, it was held that Section 258 of
Cr. P.C., can be resorted to where the special or unusual circumstances
exists, such as nonappearance of the witnesses/accused before the
Court for considerable time. Record shows that on several occasions the
summons/warrant were issued against the accused. However,
prosecution failed to secure the presence of the accused. This is a fit case
wherein provisions of section 258 of Cr.P.C. can be resorted to stop the
proceeding. Hence, following order is passed.
O R D E R
1. Proceeding is stopped vide section 258 of Cr.P.C.
2. Accused is acquitted. His bail bonds, if any, stand canceled.
3. After appeal period is over seized property be returned to
the original owner.
Sd/
Place : Mumbai. Metropolitan Magistrate,
Date : 10.08.2022 71st Court, Bandra, Mumbai.
ssm/
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