Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 739 PW 2023 State Vs Ali Hussain and ors.
CNR-MHMM18-002436-2023
ORDER PASSED BELOW EXH.-1
The Accused No.1, Ali Hussain Ali Hasan Khan @ Kaddu and
Accused No.2, Sahil Ali Sajid Ali Shaikh @ Zen, are not produced by jail
authorities. Accused No.3, Ayan Shahid Khan @ Sonu, is present before this
court. The accused are charged with the offences punishable under Sections
302, etc. r/w. 34 of the Indian Penal Code and 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.1 and 2, 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.1 and 2, 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 No.3, Ayan Shahid Khan @ Sonu, is directed to appear
before the Court of Session on 20.06.2023.
c. The Accused No.1, Ali Hussain Ali Hasan Khan @ Kaddu and
Accused No.2, Sahil Ali Sajid Ali Shaikh @ Zen, 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. 739 PW 2023 State Vs Ali Hussain and ors.
CNR-MHMM18-002436-2023
d. The Jail Authorities are directed to produce the Accused Nos.1 and 2,
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 20.06.2023, 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, Dharavi, Mumbai, be directed to produce
muddemal property in the Court of Session on or before 20.06.2023,
positively.
g. The Public Prosecutor shall be notified of the commitment of the case
to the Court of Session.
MUMBAI (KOMALSING RAJPUT)
DATE – 06.06.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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