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. 247/SS/2020
Legal Metrology Organization Div-Santacruz
V/s.
Anil Pemaram Gehalot
Today the case is kept for disposal in special drive, as per
the directions of the Hon'ble High Court. Accused alleged to have
committed an offence under violation of The Legal Metrology Act, 2009
r/w 12 of Maharashtra Legal Metrology (Enforcement) Rule, 2011
punishable under Rule 23 of Maharashtra Legal Metrology
(Enforcement) Rule, 2011. 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 non-appearance of the witnesses/accused before the
Court for considerable time. Despite of opportunities complainant failed
to secure presence of accused. Further, matter is morethan 3 years old
and there is no progress in the matter, therefore, I am of opinion that,
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. Property attached if any be destroyed as per rule.
Place : Mumbai.
Date : 05/09/2023.
SRD.
Sd/-
Metropolitan Magistrate
71st Court, Bandra, Mumbai.
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