Final Order 1

Order Details: Order Below EX 1
Pdf Text: 1
IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
C.C. No. 796/PW/2018
ORDER BELOW EXH1
1. The chargesheet is filed in CR No. 114/2018 for the
offence punishable under section 332, 353, 279, 336, 504, 506(II), 114,
34 of IPC & section 184, 3 r/w 181, 15(2)(9)/177 of Motor Vehicles
Act. The charge has been framed in this matter. However, the offence
punishable under section 332 & 353 are Sessions Triable, as per recent
amendment dt. 07.06.2018.
2. The amendment being procedural as to change of forum is
applicable to the pending proceedings as no prejudice cause to the
accused. No such prejudice is claimed. Therefore, case has to be
committed to the court of Sessions for hearing according to law, vide
section 209 r/w 323 of Cr.P.C. Reference may be made to the decision
of Hon'ble High Court in the case of Shyamrao Vithoba Pillare Vs.
State of Maharashtra in Cri.Appl. No.1146/2018 dt. 13.12.2018 ;
wherein the committal in similar situation is permitted. Thus, the
matter is to be committed followed by the formal order of committal
vide section 209 of Cr.P.C.
Date: 27.01.2020 (Sudhir N. Shinde),
Ssl. Metropolitan Magistrate, 32nd Court,
Bandra, Mumbai.
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