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 IN C. C. NO.4996/PS/2022
State (SANTACRUZ P.S.) Vs. Mohd. Salim Sharafat Hussain Shaikh
The Hon'ble Bombay High Court directed that, from
17/03/2025 to till 21/03/2025 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 punishable under section 122 (e) of M. P. Act. Case is more
than two 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. 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. No purpose would serve by continuing the matter. 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.
3. Muddemal property if any be destroyed after appeal period.
Place : Mumbai.
Date : 19/03/2025.
SRD
Sd/-
Judicial Magistrate, (First Class),
71st Court, Bandra, Mumbai.
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