Final Order 1

Order Details: Order Below EX 1
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IN THE COURT OF ADDL. CHIEF METROPOLITAN MAGISTRATE,
9TH COURT, BANDRA, MUMBAI.
C. C. No.1020/PS/2020
State V/s. Istiyak Ahmed Qureshi & Others
Order Below Exh.1
(Under section 258 of Cr.P.C.)
Accused have been chargesheeted for the offence
punishable under section 188, 269, 270 of the Indian Penal Code
Offence punishable under section 269 and 271 of I.P.C. are applicable
when the accused is found doing an act known to be likely to spread
infection of any disease dangerous to life or breaking or disobeying any
quarantine rule. However, no report has been filed in this case showing
whether the accused persons had tested corona positive having regard
to the fact that the accused have been booked under relevant provisions
for disobeying order promulgated during lock down imposed by the
State Government for containment of Covid19 disease. Therefore,
offence punishable under section 269 and 270 of I.P.C. are not
applicable to this case. For the purpose of prosecution of concerned
persons under section 188 of Indian Penal Code the procedure
prescribed in section 195 of the Code of Criminal Procedure is required
to be followed which makes it mandatory to file complaint in writing by
concerned officer who promulgated the order. Section 195 of Cr.P.C.
does not permit filing of police case directly in respect of offence
punishable under section 188 of Indian Penal Code.
2. Thus, it appears that there is no report of the accused
persons being corona positive, therefore question of committing offence
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punishable under section 269 and 270 of the Indian Penal Code does
not arise. Therefore, it will not be proper to continue prosecution of
the accused persons and to compel them to face the trial for the offence
which cannot be continued by this Court due to nonobservation of
requisite procedure. Therefore, it will be proper to discharge the
accused persons under section 258 of Cr.P.C. Hence, I proceed to pass
the following order.
O R D E R
* The proceeding against the accused is hereby stopped under
section 258 of the Code of Criminal Procedure in respect of alleged
offence. They are discharged from alleged offences.
* Bail bond of accused shall stand cancelled.
* The Muddemal property i.e. three motorcycles be returned to it
registered owners after the appeal period is over.
Sd/
(Prashant H. Kharwade)
Addl. Chief Metropolitan Magistrate,
Date : 25/09/2021 9th Court, Bandra, Mumbai
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