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. 5676/PS/2022
State (VAKOLA P.S.) Vs. Rajesh Ramjanam Yadav & 1 Ors
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 r/w.s. 34 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. Both accused are discharged. Their 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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