Final Order 1

Order Details: Order Below EX 1
Pdf Text: ORDER BELOW EXHIBIT - 01
1. Perused record. Heard Ld. A.P.P.
2. The offences are triable as summons case. Accused absent. The record
shows that allegations are vague and the basic requirements and evidence to
prove the charge are missing. The whole final report even if, accepted as it is
no conviction is warranted. There is no point in securing the presence of the
accused in these background facts and circumstances and proceeding further
with trial. Such exercise is nothing but an empty formality as material to
constitute prima facie case is missing. Cognizance can not be taken. The
court is already heavily burdened and taking cognizance, securing presence
of the accused and proceeding with trial will also result in wasting precious
time of the court.
3. Considering all these factual and legal aspects of the matter, there is
no point in proceeding further with it. Therefore, following order :
ORDER
A. Cognizance not taken as no prima facie case made out, the final report
is rejected.
B. Cash security, if any, deposited is forfeited to the Government, if not
claimed within one year from today.
BANDRA, MUMBAI (KOMALSING RAJPUT)
DATE : 12.09.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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