Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 1579 PS 2021 State Vs Mohd. Sorab
CNR No.MHMM18-002940-2021
ORDER BELOW EXHIBIT - 01
1. Perused record. Heard Ld. A.P.P.
2. The offences are triable as summons case. Accused absent. The record
shows that allegations are vague and the basic requirements and evidence to
prove the charge are missing. There is doubt over the maintainability of
complaint as it is filed by police officer and not through proper person as
required by Section 195 of Code of Criminal Procedure. The whole final
report even if, accepted as it is no conviction is warranted. There is no point
in securing the presence of the accused in these background facts and
circumstances and proceeding further with trial. Such exercise is nothing but
an empty formality as material to constitute prima facie case is missing.
Cognizance can not be taken. The court is already heavily burdened and
taking cognizance, securing presence of the accused and proceeding with
trial will also result in wasting precious time of the court.
3. Considering all these factual and legal aspects of the matter, there is
no point in proceeding further with it. Therefore, following order :
ORDER
A. Cognizance not taken as no prima facie case made out, the final report
is rejected.
B. Cash security, if any, deposited is forfeited to the Government, if not
claimed within one year from today.
BANDRA, MUMBAI (KOMALSING RAJPUT)
DATE : 24.08.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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