Final Order 2

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF THE JUDICIAL MAGISTRATE,
(FIRST CLASS), 71ST COURT, BANDRA, MUMBAI.
CNR NO.MHMM18-001675-2003 C. C. NO. 3356/PW/2005
(2210/P/2003)
The State (At the instance of
police station- Vakola).
C. R. No.231/2003. …. Prosecution.
V/s.
Anwar @ Munna Ahmad Ansari. …. Accused.
ORDER BELOW EXH.-1
The case is more than 20 years old. The accused is charged
for the offences punishable under sections 454, 457, 380, 34 of I.P.C.
2. This Court had ordered to issue proclamation under section
82 of the Cr. P. C. against accused on 21/08/2025, as the accused was
absconding. The prosecution failed to secure the presence of accused
despite proclamation and also failed to secure the presence of witnesses
despite of order dtd. 21/08/2025.
3. However, as per the chargesheet, it appears that, there is no
sufficient material on record to constitute a base for proceeding against
the accused. Despite of direction to lead evidence under section 299 of
Cr. P. C. the prosecution failed to secure presence of witnesses. As such
for want of evidence against accused, there is no propriety to proceed
with the trial.
4. As per the section 239 of the Cr. P. C. the Court has to see
whether there is sufficient material to frame the charge against accused.
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I do not see any prospects of this case ending in conviction of the
accused. Therefore, I find it to be a fit case to discharge the accused of
the said charges. Hence, I pass the following order.
ORDER
1 The accused Anwar @ Munna Ahmad Ansari is discharged as
per the section 239 r/w 299 of the Cr. P. C. of the offences
punishable under sections 454, 457, 380, 34 of I.P.C.
2 Bail bods of the accused stands cancelled.
3 Seized articles if any, be given to informant after expiry of
appeal period, as per law.
Mumbai.
Date :02/03/2026.
Sd/-
(A. B. Jadhav)
Judicial Magistrate, (First Class),
71st Court, Bandra, Mumbai.
Date :02/03/2026.
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