Final Order 1

Order Details: Order Below EX 1
Pdf Text: C.C.No.1070 PW 2023 State Vs Sampatraj and anr.
CNR.MHMM18-004665-2023
ORDER PASSED BELOW EXH.-1
1. The accused persons not produced by jail Authorities. They are charged
with the offence punishable under Section 328, etc. of the Indian Penal Code,
which is exclusively triable by the Court of Session. Their Ld. Advocate present.
They filed application and requested to commit the matter for trial to Session
Court, though accused 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 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 is committed to the Court of Session.
b. The accused persons 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.
c. The Jail Authorities are directed to produce the accused 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 04.09.2023, if
such warrant not received.
d. The record of the case, the documents and articles, which are to be
produced in evidence, shall be sent to the Court of Session.
e. The Police Station Officer, Bandra, Mumbai, be directed to produce
muddemal property in the Court of Session on or before 04.09.2023, positively.
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C.C.No.1070 PW 2023 State Vs Sampatraj and anr.
CNR.MHMM18-004665-2023
f. The Public Prosecutor shall be notified of the commitment of the case to
the Court of Session.
MUMBAI (KOMALSING RAJPUT)
DATE – 21.08.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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