Final Order 1

Order Details: Order Below EX 1
Pdf Text: C.C.No.896 PW 2023 State Vs Asif and ors.
CNR.MHMM18-003800-2023
ORDER PASSED BELOW EXH.-1
Accused Nos.1 and 2, are present before this court. The Accused No.3, not
produced by jail authorities. The accused are charged with the offences
punishable under Sections 307, etc. r/w. 34 of the Indian Penal Code and other
provisions, out of which the principal offence is exclusively triable by the Court
of Session. Heard Ld. Advocates, appearing for all the accused persons. They
filed application and requested to commit the matter for trial to Session Court,
though Accused No.3 is not produced. They submitted that the compliance of
Section 207 of Code of Criminal Procedure is already done and they are already
appointed as an advocate of the accused and pursuing the matter. They also filed
pursis to that effect.
2. Thus, there appears no hindrance in committing the matter as all the
technicalities already complied. Accused No.3, though physically absent, his
advocate/representative is present. On perusal of material said offence made out.
Cognizance taken. The copies of police report and other documents as specified in
Section 207 of the Code of Criminal Procedure are supplied to the accused.
Hence, following order :
ORDER
a. The case be committed to the Court of Session.
b. Accused Nos.1, Mr. Asif Saeed Abbasi @ Deva and 2. Mr. Mohd. Khalil
Saeed Abbasi @ Farid Mohd., are directed to appear before the Court of Session
on 25.08.2023.
c. The Accused No.3, Mr. Mohd. Sameer Afsar Ahmed Shaikh, is remanded
to Magisterial Custody until commitment of the case and also during and until the
conclusion of trial before the Court of Session vide Section 209 (a) and (b) of the
Code of Criminal Procedure.
d. The Jail Authorities are directed to produce the Accused No.3, Mr. Mohd.
Sameer Afsar Ahmed Shaikh, in custody before the Court of Session on receiving
production warrant from that Court in Form No.IV, Chapter XXXIII of the
Criminal Manual or on or before 25.08.2023, if such warrant not received.
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C.C.No.896 PW 2023 State Vs Asif and ors.
CNR.MHMM18-003800-2023
e. The record of the case, the documents and articles, which are to be
produced in evidence, shall be sent to the Court of Session.
f. The Police Station Officer, Shahu Nagar, Mumbai, be directed to produce
muddemal property in the Court of Session on or before 25.08.2023, positively.
g. The Public Prosecutor shall be notified of the commitment of the case to
the Court of Session.
MUMBAI (KOMALSING RAJPUT)
DATE – 11.08.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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