Final Order 1

Order Details: Copy of Judgment
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
71st COURT, BANDRA, MUMBAI.
ORDER BELOW EXH.01 C. C. NO. 1278/PS/2018
State (BKC P.S.) Vs. Najima Adnan Safdari.
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. 279, 336, 427 of IPC r/w 3/181 of M. V.
Act. Case is more than 05 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. Accused is acquitted. Her bail bonds, if any, stand
canceled.
Place : Mumbai.
Date : 05/09/2023.
SRD.
Sd/-
Metropolitan Magistrate
71st Court, Bandra, Mumbai.
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