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. 5533/PS/2022
State (Santacuz P.S.) Vs. Mahesh Narayan Rajanna
The Hon'ble Bombay High Court directed that, from
17/03/2025 to till 21/03/2025 Special Drive for disposal of unattended,
petty, stale 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. 37(1)(A) r.w.s. 135 of Maharashtra Police Act. Case is
more than two years 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. 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. The order promulgated by the
Competent Authority is not place on record. Even complete trial would
not result into conviction of 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. Muddemal property if any be destroyed after appeal period.
Place : Mumbai.
Date : 19/03/2025.
SRD
Sd/-
Judicial Magistrate, (First Class),
71st Court, Bandra, Mumbai.
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