Final Order 1

Order Details: Order Below EX 1
Pdf Text: ORDER BELOW EXH.1
The present matter is taken up today in Special Drive for petty matters. The
present Charge-sheet is filed mainly for offence punishable under Section 188 of
Indian Penal Code and other provisions. The cognizance is expressly barred by
Section 195 of Code of Criminal Procedure as it is not filed with required
authorization and format. Therefore, cognizance can not be taken.
The allegations are vague and of very general nature. The material reflects that
it is deficient. It is not enough to constitute prima facie case to proceed further. Thus,
in the alternative, even if it is presumed that there is no such bar, the cognizance can
not be taken.
After registration of First Information Report the Maharashtra Government
passed resolution bearing No. ‘kklu fu.kZ; dz-ihvkjvks&1221@iz-dz-351@fo’kk&2, dated 20.09.2022
and directed all the Police Stations within Maharashtra to withdraw all the matters
filed under these provisions during pandemic. It is informed by Ld. A.P.P. and
concerned Police Station through him that proposal is already sent for approval to
concerned authorities to withdraw the present matter. It is almost sanctioned on the
basis of this Government Resolution, but compliance will take some additional time.
There seems no point in waiting for such intimation as resolution itself is very clear.
Thus, on this point also there is no point in proceeding further for completing empty
formality.
The summary of the above discursion is that the cognizance can not be taken
for want of technical compliance and sufficient evidence to proceed further. So also
the matter is already going to be withdrawn by the prosecution in view of above
resolution No. ‘kklu fu.kZ; dz- ihvkjvks&1221@iz-dz-351@fo’kk&2, dated 20.09.2022. Therefore,
following order -
ORDER
The proceeding is allowed to be withdrawn and hence, disposed off.
Consequently proceeding also stands dropped against accused.
MUMBAI (KOMALSING RAJPUT)
DATE – 05.09.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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