Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 370 PW 2020 State Vs Ajay & Ors.
CNR.MHMM18-001051-2020
ORDER PASSED BELOW EXH.-1
1. Accused Nos.1 to 4 and 6 to 8, are present before this court. The
Accused No.5, not produced by jail Authorities. They are charged with the
offence punishable under Sections 307, etc. of the Indian Penal Code, which
is exclusively triable by the Court of Session. Heard Ld. Advocates,
appearing for all the accused persons. They filed application and requested
to commit the matter for trial to Session Court, though Accused No.5, is not
produced. They submitted that the compliance of Section 207 of Code of
Criminal Procedure is already done and they are already appointed as an
advocate of the accused and pursuing the matter. They also filed pursis to
that effect.
2. Thus, there appears no hindrance in committing the matter as all the
technicalities already complied. Accused No.5, though physically absent,
his advocate/representative is present. On perusal of material said offence
made out. The copies of police report and other documents as specified in
Section 207 of the Code of Criminal Procedure, are supplied to the accused.
Hence, following order :
ORDER
a. The case is committed to the Court of Session.
b. Accused Nos.1 to 4 and 6 to 8, are directed to appear before the Court of
Session on 19.01.2022.
c. The Accused No.5, is remanded to Magisterial Custody until
commitment of the case and also during and until the conclusion of trial
before the Court of Session vide Section 209 (a) and (b) of the Code of
Criminal Procedure.
d. The Jail Authorities are directed to produce the Accused No.5, Firoz
Faizulla Khan @ Bunta, in custody before the Court of Session on receiving
production warrant from that Court in Form No.IV, Chapter XXXIII of the
Criminal Manual or on or before 19.01.2022, if such warrant not received.
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C. C. No. 370 PW 2020 State Vs Ajay & Ors.
CNR.MHMM18-001051-2020
e. The record of the case, the documents and articles, which are to be
produced in evidence, shall be sent to the Court of Session.
f. The Police Station Officer, Dharavi, Mumbai, be directed to produce
muddemal property in the Court of Session on or before 19.01.2022,
positively.
g. The Public Prosecutor shall be notified of the commitment of the case
to the Court of Session.
MUMBAI (KOMALSING RAJPUT)
DATE – 05.01.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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