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Santacruz Police StationVsMoij Masud Gholap +3 more

CNR MHMM18003693202171-
Additional Metropolitan Magistrate, Bandra, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--258 CrPC
Decision Date: 11th November 2022

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
7102219/2021
Registration Date
17 Aug 2021

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    5

    Petitioner

    1. 1Santacruz Police Station

    Respondent

    1. 1Moij Masud Gholap
    2. 2Mustak Him Gholap
    3. 3Aaves Ayaz Gholap
    4. 4Shoeb Ayaz Gholap

    Acts & Sections

    1
    Indian Penal Code · Sec 160

    Police / FIR Details

    Police Station
    Santacruz P.Stn.
    FIR Number / Year
    209/2016

    Case History / Proceedings

    Case History
    Date: 17-08-2021
Business: Accused No. 1 and 2 are absent
Accused No. 3 and 4 are present along with chargesheet and filed application
Exh. 2 Plead guilty application
Accused No. 3 and 4 are convicted and sentenced to pay fine of Rs. 100 each and in default of payment of fine to suffer simple imprisonment for five days each
Chargesheet will continue against accused No. 1 and 2
Issue summons against them
Next Purpose: NOT HEARD CASES
Next Hearing Date: 15-02-2022

Date: 15-02-2022
Business: Ld APP present.
Accused absent. Adjournment for plea.
Next Purpose: Kept for Special Drive
Next Hearing Date: 11-11-2022

Date: 11-11-2022
Business: matter kept before special drive Accused absent Order passed below Exh-1 The proceeding is stopped vide sec 258 of CrPC Accused /is/are acquitted. Bail bond, if any stand cancelled.
Nature Of Disposal: 258 CrPC
Disposal Date: 11-11-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 7005968/2021
Filing Date: 17-08-2021
First Hearing Date: 17th August 2021
Decision Date: 11th November 2022
Court Number And Judge: 71-

    Orders

    1
    Final Order 1
    11 Nov 2022
    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.2219/PS/2021
State (Santacruz P.S.) Vs. Moeej Masood Gholap and ors.
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.160 0f IPC. Case is more than 01 year
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 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 are acquitted. Their bail bonds, if any, stand
canceled.
Sd/
Place : Mumbai. Metropolitan Magistrate,
Date : 11.11.2022 71st Court, Bandra, Mumbai.
aan/
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