Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 1081 PW 2022 State Vs Abdulla and ors.
CNR-MHMM18-005204-2022
ORDER PASSED BELOW EXH.-1
Accused No.2, Noor Badshah Ajgar Ali Shaikh, is present before this
court. Accused No.3, Vijay Hemaji Chavan @ Vijya, is absent. The Accused
Nos.1, Abdulla Usman Sayyad @ Chota Abdulla, and 4. Yusuf @ Noor
Gulam Kadar Shaikh, are not produced by jail authorities. The accused are
charged with the offences punishable under Sections 399 and 402 of the Indian
Penal Code, etc. 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 4, are not produced and Accused No.3, is
absent. 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, 3 and 4, though physically
absent, their advocates/representatives are 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 Nos.2, Noor Badshah Ajgar Ali Shaikh, and Accused No.3,
Vijay Hemaji Chavan @ Vijya, are directed to appear before the Court of
Session on 19.09.2022.
c. The Accused Nos.1, Abdulla Usman Sayyad @ Chota Abdulla, and 4.
Yusuf @ Noor Gulam Kadar 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.
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C. C. No. 1081 PW 2022 State Vs Abdulla and ors.
CNR-MHMM18-005204-2022
d. The Jail Authorities are directed to produce the Accused Nos.1, Abdulla
Usman Sayyad @ Chota Abdulla, and 4. Yusuf @ Noor Gulam Kadar
Shaikh, are 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 19.09.2022, 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, Bandra, Mumbai, be directed to produce
muddemal property in the Court of Session on or before 19.09.2022, positively.
g. The Public Prosecutor shall be notified of the commitment of the case to
the Court of Session.
MUMBAI (KOMALSING RAJPUT)
DATE – 05.09.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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