Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 2679 PW 2021 State Vs Shahrukh & Ors
CNR.MHMM18-007471-2021
ORDER PASSED BELOW EXH.-1
1. The Accused No.4, produced by jail authorities. The Accused Nos.1 to 3,
not produced by jail authorities. They are charged with the offence punishable
under Section 399, 402 of the Indian Penal Code, Section 4, 25 of Arms Act and
Section 37(1), 135 of Maharashtra Police Act, which is exclusively triable by the
Court of Session. Their Ld. Advocate present. He filed application and requested
to commit the matter for trial to Session Court, though the Accused Nos.1 to 3, are
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 Nos.1 to 3, though physically absent,
their advocate/representative is 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 04.01.2022, 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. 2679 PW 2021 State Vs Shahrukh & Ors
CNR.MHMM18-007471-2021
e. The Police Station Officer, Bandra, Mumbai, be directed to produce
muddemal property in the Court of Session on or before 04.01.2022, positively.
f. The Public Prosecutor shall be notified of the commitment of the case to
the Court of Session.
MUMBAI (KOMALSING RAJPUT)
DATE – 21.12.2021 M.M., 12TH COURT, BANDRA, MUMBAI
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