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.5110/PS/2022
State (Santacruz P.S.) Vs. Kumar Manju Gauda and Lokesh Raju Gauda
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 r/w. 34 of IPC. Case is more than 8
months 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 are acquitted. Their bail bonds, if any, stand canceled.
3. After appeal period seized muddemal be sold in public
auction and amount received therefrom be forfeited to
the Government.
Sd/
Place : Mumbai. Metropolitan Magistrate,
Date : 25/04/2023. 71st Court, Bandra, Mumbai.
SRD
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