Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 659 PW 2022 State Vs Dhanraj and ors.
CNR-MHMM18-002333-2022
ORDER PASSED BELOW EXH.-1
Accused Nos.1 to 21, are present before this court. The Accused
Nos.22 and 23, not produced by jail authorities. The accused are charged
with the offences punishable under Sections 307, etc. of the Indian Penal
Code and sections of other provisions, out of which the principal offence is
exclusively triable by the Court of Session. Heard Ld. Advocates, appearing
for all the accused persons. They filed application and requested to commit
the matter for trial to Session Court, though Accused Nos.22 and 23, are not
produced. They submitted that the compliance of Section 207 of Code of
Criminal Procedure is already done and they are already appointed as an
advocate of the accused and pursuing the matter. They also filed pursis to
that effect.
2. Thus, there appears no hindrance in committing the matter as all the
technicalities already complied. Accused Nos.22 and 23, 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. Hence, following order :
ORDER
a. The case be committed to the Court of Session.
b. Accused Nos.1 to 21, are directed to appear before the Court of
Session on 21.12.2022.
c. The Accused Nos.22, Prem @ Chotu Suresh Ulendala and Accused
No.23, Vivek Yashwant Bondre @ Butter, 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.
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C. C. No. 659 PW 2022 State Vs Dhanraj and ors.
CNR-MHMM18-002333-2022
d. The Jail Authorities are directed to produce the Accused Nos.22 and
23, 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 21.12.2022, if such warrant not received.
e. The record of the case, the documents and articles, which are to be
produced in evidence, shall be sent to the Court of Session.
f. The Police Station Officer, Bandra, Mumbai, be directed to produce
muddemal property in the Court of Session on or before 21.12.2022,
positively.
g. The Public Prosecutor shall be notified of the commitment of the case
to the Court of Session.
MUMBAI (KOMALSING RAJPUT)
DATE – 07.12.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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