Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 2396 PW 2021 State Vs Abhaykumar and Ors.
CNR.MHMM18-006192-2021
ORDER PASSED BELOW EXH.-1
1. The Accused No.1, not produced by jail Authorities. Accused Nos.2
to 4, are present before this court. They are charged with the offence
punishable under Sections 307, 367, etc. of the Indian Penal Code, which is
exclusively triable by the Court of Session. Heard Ld. Advocate, appearing
for all the accused persons. They filed application and requested to commit
the matter for trial to Session Court, though Accused No.1, is 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 No.1, though physically absent,
his advocate/representative is present. On perusal of material said offence
made out. 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. Accused Nos.2 to 4, are directed to appear before the Court of
Session on 30.03.2022.
c. The Accused No.1, is 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.
d. The Jail Authorities are directed to produce the Accused No.1,
Abhaykumar Sugrivkumar Pandey, in custody before the Court of Session
on receiving production warrant from that Court in Form No.IV, Chapter
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C. C. No. 2396 PW 2021 State Vs Abhaykumar and Ors.
CNR.MHMM18-006192-2021
XXXIII of the Criminal Manual or on or before 30.03.2022, 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, Dharavi, Mumbai, be directed to produce
muddemal property in the Court of Session on or before 30.03.2022,
positively.
g. The Public Prosecutor shall be notified of the commitment of the case
to the Court of Session.
MUMBAI (KOMALSING RAJPUT)
DATE – 16.03.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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