Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 2638 PW 2021 State Vs Mohd. Nadeem
CNR.MHMM18-007329-2021
ORDER PASSED BELOW EXH.-1
1. The accused not produced by jail Authorities. He is charged with the
offence punishable under Section 332, 353, etc. of the Indian Penal Code,
which is exclusively triable by the Court of Session. His Ld. Advocate
present. He filed application and requested to commit the matter for trial to
Session Court, though accused is not produced. He submitted that the
compliance of Section 207 of Code of Criminal Procedure is already done
and he is already appointed as an advocate of the accused and pursuing the
matter. He 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, 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. The accused 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.
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
06.01.2022, 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.
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C. C. No. 2638 PW 2021 State Vs Mohd. Nadeem
CNR.MHMM18-007329-2021
e. The Police Station Officer, Dharavi, Mumbai, be directed to produce
muddemal property in the Court of Session on or before 06.12.2022,
positively.
f. The Public Prosecutor shall be notified of the commitment of the case
to the Court of Session.
MUMBAI (KOMALSING RAJPUT)
DATE – 24.12.2021 M.M., 12TH COURT, BANDRA, MUMBAI
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