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Santacruz Police StationVsSidhu Bharat Kharwa +2 more

CNR MHMM18007080202171-
Additional Metropolitan Magistrate, Bandra, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--258 CrPC
Decision Date: 11th November 2022

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
7104543/2021
Registration Date
08 Dec 2021

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Petitioner

    1. 1Santacruz Police Station

    Respondent

    1. 1Sidhu Bharat Kharwa
    2. 2Afajalali Khwajaali Shaikh
    3. 3Rahul Shrishel Shivsharan

    Acts & Sections

    2
    Indian Penal Code · Sec 279 · 336
    MOTOR VEHICLES ACT · Sec 184

    Police / FIR Details

    Police Station
    Santacruz P.Stn.
    FIR Number / Year
    3 1/2021

    Case History / Proceedings

    Case History
    Date: 08-12-2021
Business: Ld APP present Accused no. 1  is absent, Accused  no. 2 and 3 present with adv police field charge sheet today Accused no. 2 and 3 are pleaded guilty order passed separately. Accused 2 and 3 are convicted
Next Purpose: NOT HEARD CASES
Next Hearing Date: 10-01-2022

Date: 10-01-2022
Business: Ld App present
Accused absent
Next Purpose: Kept for Special Drive
Next Hearing Date: 11-11-2022

Date: 11-11-2022
Business: matter kept before special drive Accused absent Order passed below Exh-1 The proceeding is stopped vide sec 258 of CrPC Accused /is/are acquitted. Bail bond, if any stand cancelled.
Nature Of Disposal: 258 CrPC
Disposal Date: 11-11-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 7009999/2021
Filing Date: 08-12-2021
First Hearing Date: 08th December 2021
Decision Date: 11th November 2022
Court Number And Judge: 71-

    Orders

    1
    Final Order 1
    11 Nov 2022
    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.4543/PS/2021
State (Santacruz P.S.) Vs. Siddhu Bharat Kharwa
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.279, 336 of IPC and 184 of Motor
Vehicle Act. 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.
Sd/
Place : Mumbai. Metropolitan Magistrate,
Date : 11.11.2022 71st Court, Bandra, Mumbai.
aan/
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