Full Order Text
Final Order 1 · 15 Feb 2023 · CNR MHMM180009312023
Order Details: Order Below EX 1 Pdf Text: ORDER BELOW EXH.1 1. Perused record. Heard Ld. A.P.P. 2. It is contended that accused was found by informant in under suspicious circumstances. He was apprehended and offence was registered against him under Section 401 of Indian Penal Code, i.e. punishment for belonging any wandering or other gang of persons associated for the purpose of habitually committing theft or robbery. Accused was arrested and after completion of investigation charge sheet was filed. 3. For proof of offence punishable under Section 401 of Indian Penal Code, accused must belong to any wandering or other gang of persons, such a gang or such persons must be associated for habitually committing theft or robbery. 4. The First Information Report clearly shows that the informant was just suspecting of accused to be belonged to such a gang or association. During investigation in support of this suspicion no material collected. There is absolutely no material in support of the charge. No case made out to proceed further. If the charge sheet is excepted by the accused, as it is, no conviction is warranted. Therefore, following order - ORDER a. Accused discharged U/Sec.239 of Code of Criminal Procedure. b. He shall be released forthwith if not required in any other offence. c. Proceedings stands disposed off. MUMBAI (KOMALSING RAJPUT) DATE – 15.02.2023 M.M., 12TH COURT, BANDRA, MUMBAI 1/1 401 DSCH -- 1 of 1 --