Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE, (FIRST CLASS)
71st COURT, BANDRA, MUMBAI.
MHMM18-003358-2023 C. C. NO.1032/PS/2023
State ( B.K.C. P.S.) V/s. DIVESHKUMAR
DINESH RAM.
ORDER BELOW EXH.01
The Hon'ble Bombay High Court directed that, from
07/09/2026 to till 11/09/2026 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 punishable under section 142, 122 (e) of M. P. Act. Case is
more than two 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 non-appearance of the witnesses/accused before the Court
for considerable time. 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. No purpose would serve by continuing
the matter. 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. Muddemal property if any be destroyed after appeal period.
Place : Mumbai.
Date : 10/09/2026.
SRD
(S. M. Ghuge)
Judicial Magistrate, (First Class),
71st Court, Bandra, Mumbai.
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