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. 3783/PS/2017
State (Santacruz P.S.) Vs. Lalmani Ramkher Ram
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. 279, 336, 337, 338 of IPC r/w. 134 (A)
(B) of M. V. Act. Case is more than 5 years 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.
Sd/
Place : Mumbai. Metropolitan Magistrate,
Date : 29/04/2023. 71st Court, Bandra, Mumbai.
SRD.
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