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. 5518/PS/2022
State (VAKOLA P.S.) Vs.Vijay Mithailal Gupta
The Hon'ble Bombay High Court directed that, from
17/03/2025 to till 21/03/2025 Special Drive for disposal of
unattended, petty, steal and ineffective cases be taken up. Therefore,
today the case is taken up for disposal in special drive. Accused alleged
to have committed an offence P/U/Sec. 285 of The Indian Penal Code.
Case is more than two year and more 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. Accused is absent since long. It
reveals that, Investigating Officer has not recorded statement of
independent witness. Even after completion of trial it would not be end
in the conviction of the accused. Hence, 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. The accused is discharged. His bail bonds, if any, stand
canceled.
3. After appeal period seized muddemal i.e. be disposed off, as per
rule.
Place : Mumbai.
Date : 19/03/2025.
SRD
Sd/-
Judicial Magistrate, (First Class),
71st Court, Bandra, Mumbai.
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