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. 2218/PS/2022
State (Santacruz P.S.) Vs. Manoj Anil Lad
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 3(1),/181, 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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