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. 3788/PS/2017
State (Santacruz P.S.) Vs. Govind Yallappa Chimulgi
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, 338 of IPC. Case is more than 5
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 : 29/04/2023. 71st Court, Bandra, Mumbai.
SRD.
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