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.1670/PS/2021
State (Vakola P.S.) Vs. Parshu Marippa Madgunde
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.142 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 non
appearance 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.
Sd/
Place : Mumbai. Metropolitan Magistrate,
Date : 07.11.2022 71st Court, Bandra, Mumbai.
aan/
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