Final Order 1

Order Details: Order Below EX 1
Pdf Text: C.C.No.1182 PW 2023 State Vs Mohd. Sajid and ors.
CNR.MHMM18-004662-2023
ORDER PASSED BELOW EXH.-1
The Accused No.1, Mohd. Sajid Mohd. Farukh Shaikh and 2, Modh.
Wajid Mohd. Farukh Shaikh, not produced by jail authorities. Accused No.3,
Rabiyabano Mohd. Farukh Shaikh, is absent and her advocate present. The
accused are charged with the offences punishable under Sections 109, 302, 307,
504, 506 r/w.34 of the Indian Penal, Section 37(1)(A) r/w 135 of M. P. Act
and Section 7 Criminal Amendment Act, 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 Nos.1 and 2, are 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 Nos.1 and 3, though physically absent,
their 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 No.3, Rabiyabano Mohd. Farukh Shaikh, is directed to appear
before the Court of Session on 11.09.2023.
c. The Accused No.1, Mohd. Sajid Mohd. Farukh Shaikh and 2, Mohd.
Wajid Mohd. Farukh Shaikh, are 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.1, Mohd.
Sajid Mohd. Farukh Shaikh and 2, Mohd. Wajid Mohd. Farukh Shaikh, in
custody before the Court of Session on receiving production warrant from that
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C.C.No.1182 PW 2023 State Vs Mohd. Sajid and ors.
CNR.MHMM18-004662-2023
Court in Form No.IV, Chapter XXXIII of the Criminal Manual or on or before
11.09.2023, if such warrant not received.
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, Dharavi, Mumbai, be directed to produce
muddemal property in the Court of Session on or before 11.09.2023, positively.
g. The Public Prosecutor shall be notified of the commitment of the case to
the Court of Session.
MUMBAI (KOMALSING RAJPUT)
DATE – 28.08.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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