Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN/JUDICIAL MAGISTRATE,
(FIRST CLASS), 71st COURT, BANDRA, MUMBAI.
ORDER BELOW EXH.01 C. C. NO. 4998/PS/2022
State (B.K.C. P.S.) Vs. ABDUL RAHIM ABDUL AJIJ SHAIKH
The Hon'ble Bombay High Court directed that, from
22/07/2024 to till 26/07/2024 Special Drive for disposal of unattended,
petty, steal and ineffective cases be taken up. Therefore, today the case is
taken up for disposal in special drive. Accused alleged to have committed
an offence P/U/Sec. 279, 336 of I.P.C. r/w 184 of M. V. Act. Case is more
than one year and more 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, despite of opportunities accused
failed to appear before the court and therefore, matter could not proceed
further. Further more, prosecution failed to secure the presence of the
accused. No statement of independent witnesses have been recorded by
Investigating Officer during investigation. Even complete trial would not
result into conviction of accused. There is no direct evidence regarding
rash and negligent driving of the vehicle on the public road. Therefore,
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 discharged. His bail bonds, if any, stand canceled.
Place : Mumbai.
Date : 23/07/2024.
SRD.
Sd/-
Metropolitan/Judicial Magistrate,
(First Class), 71st Court, Bandra, Mumbai.
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