Final Order 1

Order Details: Order Below EX 1
Pdf Text: C.C.No.1534 PW 2023 State Vs Nandkishor and anr.
CNR.MHMM18-006341-2023
ORDER PASSED BELOW EXH.-1
1. The accused persons not produced by jail Authorities. They are charged
with the offence punishable under Sections 109, 302, 307 of the Indian Penal
Code, which is exclusively triable by the Court of Session. Their Ld. Advocate,
present. They filed application and requested to commit the matter for trial to
Session Court, though accused are 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 though physically absent, their
advocate/representative 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 is committed to the Court of Session.
b. The accused 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.
c. The Jail Authorities are directed to produce the accused 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 27.09.2023, if
such warrant not received.
d. The record of the case, the documents and articles, which are to be
produced in evidence, shall be sent to the Court of Session.
e. The Police Station Officer, Dharavi, Mumbai, be directed to produce
muddemal property in the Court of Session on or before 27.09.2023, positively.
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C.C.No.1534 PW 2023 State Vs Nandkishor and anr.
CNR.MHMM18-006341-2023
f. The Public Prosecutor shall be notified of the commitment of the case to
the Court of Session.
MUMBAI (KOMALSING RAJPUT)
DATE – 13.09.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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