Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN/JUDICIAL MAGISTRATE,
(FIRST CLASS), 71st COURT, BANDRA, MUMBAI.
ORDER BELOW EXH.01 C. C. NO.1180/PS/2023
State (Vakola P.S.) Vs. Nilesh Chandulal Desai.
The Hon'ble Bombay High Court directed that, from
23/09/2024 to till 27/09/2024 Special Drive for disposal of unattended,
petty, steal and ineffective cases be taken up. Therefore, today the case
is taken up for disposal in special drive. Accused alleged to have
committed an offence P/U/Sec. 188 of IPC. Case is more than one year
and more 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
non-appearance of the witnesses/accused before the Court for
considerable time. Accused is absent since long. It reveals that,
Investigating Officer has not recorded statement of independent
witnesses. Copy of Prohibitory order promulgated by the Authority is
also not placed on record. Even after completion of trial it would not be
end in the conviction of accused. Hence, 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 discharged. His bail bonds, if any, stand canceled.
Place : Mumbai.
Date : 24/09/2024.
SRD.
Sd/-
Metropolitan/Judicial Magistrate
(First Class), 71st Court, Bandra, Mumbai.
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