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.5475/PS/2022
State (BKC P.S.) Vs. Manojkumar Teti Paswan
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 of IPC. 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 nonappearance 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 is acquitted. His bail bonds, if any, stand canceled.
3. After appeal period seized property be sold in public auction
and amount received therefrom be forfeited to the
Government.
Sd/
Place : Mumbai. Metropolitan Magistrate,
Date : 09.11.2022 71st Court, Bandra, Mumbai.
aan/
-- 1 of 2 --
-- 2 of 2 --