Final Order 1

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. 2237/PS/2022
State (B.K.C. P.S.) Vs. Mohd. Amir Mohd. Sharif Ansari
The Hon'ble Bombay High Court directed that, from
27/02/2024 to till 03/03/2024 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. 279, 336 of I.P.C. r/w 184 of M. V. Act. Case is more
than 02 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. Record shows that, despite of opportunities accused failed to appear
before the court and therefore, matter could not proceed further. Further
more, prosecution failed to secure the presence of the accused. No
statement of independent witnesses have been recorded by Investigating
Officer during investigation. Even complete trial would not result into
conviction of accused. Therefore, 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.
Place : Mumbai.
Date : 28/02/2024.
SRD.
Sd/-
Metropolitan Magistrate
71st Court, Bandra, Mumbai.
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