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.4443/PS/2017
State (B.K.C. P.S.) Vs. Salman Sharif Khan
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.15 and 19 of the Noise Pollution
(Regulation and Control) Rules, 2000. Case is more than 04 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 non
appearance 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.
3. After appeal period is over seized property be returned to
the original owner.
Sd/
Place : Mumbai. Metropolitan Magistrate,
Date : 06.08.2022 71st Court, Bandra, Mumbai.
ssm/
-- 1 of 2 --
-- 2 of 2 --