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.1274/PS/2018
State (BKC P.S.) Vs. 1) Vijay Bahadur Ramsevak Gautam
2) Mohd. Hakim Jiyauddin Khan
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. 285 of IPC. Case is more than 04 years
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. Both accused are acquitted. Their bail bonds, if any, stand
canceled.
3. After appeal period seized property be sold in public
auction and amount received therefrom be forfeited to the
Government.
Sd/
Place : Mumbai. Metropolitan Magistrate,
Date : 06.08.2022 71st Court, Bandra, Mumbai.
ssm/
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