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.1117/PS/2018
State (BKC P.S.) Vs. Mohd. Iliyas Mohd. Ali Shaikh
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 of IPC and 129/177, 3/181 of
M.V.Act. 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 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 : 06.08.2022 71st Court, Bandra, Mumbai.
ssm/
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