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.1908/PS/2021
State (Santacruz P.S.) Vs. Prasad Sudesh Shilimkar
Today the case is taken up for disposal in special drive as per
the directions of the Hon'ble High Court. Accused alleged to have
committed an offence P/U/Sec.122(e) of the Bombay Police Act. Case is
more than 01 year 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 nonappearance of the witnesses/accused before the Court for
considerable time. Record shows that on several occasions the
summons/warrant were issued against the accused. However, prosecution
failed to secure the presence of the accused. 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 acquitted. His bail bonds, if any, stand canceled.
3. After appeal period seized property be sold in public auction
and amount received therefrom be forfeited to the
Government.
Sd/
Place : Mumbai. Metropolitan Magistrate,
Date : 09.11.2022 71st Court, Bandra, Mumbai.
aan/
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