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.1707/PS/2022
State (VAKOLA P.S.) Vs. SUMAMA ABDUL KASIM KHAN
The Hon'ble Bombay High Court directed that, from
22/07/2024 to till 26/07/2024 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. 124 of M. P. Act. 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. Accused is absent since long. It reveals that,
Investigating Officer has not recorded statement of independent
witnesses. Even after completion of trial it would not be end in the
conviction of accused. Hence, 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 discharged. His bail bonds, if any, stand canceled.
3. The seized muddemal be given to its registered owner.
Place : Mumbai.
Date : 25/07/2024.
SRD.
Sd/-
Metropolitan/Judicial Magistrate
(First Class), 71st Court, Bandra, Mumbai.
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