Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 516 PW 2023 State Vs Durgesh and anr.
CNR.MHMM18-001637-2023
ORDER PASSED BELOW EXH.-1
1. The accused persons not produced by jail Authorities. They are
charged with the offence punishable under Sections 302, etc. of the Indian
Penal Code, which is exclusively triable by the Court of Session. Their Ld.
Advocate Shri Rohan Mishra, is present. He filed application and requested
to commit the matter for trial to Session Court, though accused are not
produced. He submitted that the compliance of Section 207 of Code of
Criminal Procedure is already done and he is already appointed as an
advocate of the accused persons and pursuing the matter. He also filed
pursis to that effect.
2. Thus, there appears no hindrance in committing the matter as all the
technicalities already complied. Accused though physically absent, their
advocate/representative is present. On perusal of material said offence made
out. Cognizance taken. The copies of police report and other documents as
specified in Section 207 of the Code of Criminal Procedure are supplied to
the accused persons. Hence, following order :
ORDER
a. The case is committed to the Court of Session.
b. The accused persons are 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.
c. The Jail Authorities are directed to produce the accused persons 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 09.06.2023, if such warrant not received.
d. The record of the case, the documents and articles, which are to be
produced in evidence, shall be sent to the Court of Session.
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C. C. No. 516 PW 2023 State Vs Durgesh and anr.
CNR.MHMM18-001637-2023
e. The Police Station Officer, Dharavi, Mumbai, be directed to produce
muddemal property in the Court of Session on or before 09.06.2023,
positively.
f. The Public Prosecutor shall be notified of the commitment of the case
to the Court of Session.
MUMBAI (KOMALSING RAJPUT)
DATE – 26.05.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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