Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN/JUDICIAL MAGISTRATE,
(FIRST CLASS), 71st COURT, BANDRA, MUMBAI.
ORDER BELOW EXH.01 C. C. NO. 1299/PS/2023
State (Santacruz P.S.) Vs. Birudev Uttam Ghodke and Ors.
The Hon'ble Bombay High Court directed that, from
23/09/2024 to till 27/09/2024 Special Drive for disposal of unattended,
petty, steal and ineffective cases be taken up. Therefore, today the case is
taken up for disposal in special drive. Accused alleged to have committed
an offence P/U/Sec. 283 of I.P.C. Case is more than one year and more
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 non-appearance of the
witnesses/accused before the Court for considerable time. Record shows
that, despite of opportunities accused failed to appear before the court and
therefore, matter could not proceed further. Further more, prosecution
failed to secure the presence of the accused. No statement of independent
witnesses have been recorded by Investigating Officer during
investigation. Even complete trial would not result into conviction of
accused. It further reveals that, the F.I.R. came to be filed against two
different accused stating that, they have driven their respective vehicles in
rash and negligent manner. No particular over act of each accused with
particular time has not been mentioned in the F.I.R. There is no direct
evidence regarding rash and negligent driving of the vehicle on the public
road. Therefore, 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. Both accused are discharged. Their bail bonds, if any, stand
canceled.
Place : Mumbai.
Date : 24/09/2024.
SRD.
Sd/-
Metropolitan/Judicial Magistrate,
(First Class), 71st Court, Bandra, Mumbai.
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