Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE,
(FIRST CLASS), 71st COURT, BANDRA, MUMBAI.
ORDER BELOW EXH.01 IN C. C. NO. 5336/PS/2022
State (B.K.C. P.S.) Vs. Ayaj Abdul Rahman Shaikh
The Hon'ble Bombay High Court directed that, to conduct
special drive from 17/03/2025 to till 21/03/2025 for disposal of
unattended, petty, stale and ineffective cases. Therefore, today the case is
taken up for disposal in special drive. Accused alleged to have committed
an offence P/U/Sec. 279, 336 of I.P.C. r/w 184 of M. V. 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. Record shows that, despite of opportunities accused failed to appear
before the court and therefore, matter could not proceed further. Further
more, prosecution failed to secure the presence of the accused. No
statement of independent witnesses have been recorded by Investigating
Officer during investigation. Even complete trial would not result into
conviction of accused. There is no direct evidence regarding rash and
negligent driving of the vehicle on the public road by accused. Therefore,
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 discharged. His bail bonds, if any, stand canceled.
3. Seized property, if any, be returned to it’s lawful owner, as per rules.
Place : Mumbai.
Date : 18/03/2025.
SRD
Sd/-
Judicial Magistrate, (First Class),
71st Court, Bandra, Mumbai.
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