Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN/JUDICIAL MAGISTRATE,
(FIRST CLASS), 71st COURT, BANDRA, MUMBAI.
ORDER BELOW EXH.01 C. C. NO. 3877/PS/2021
State (Santacruz P.S.) Vs. Pradeep Ramyadav Taumar & Ors.
The Hon'ble Bombay High Court directed that, from
23/09/2024 to 27/09/2024 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.66 (b) of The Maharashtra Prohibition
Act and 3 r/w 181 of Motor Vehicle Act. Case is more than 0 2 years and
more old. The case is registered as summons triable case, therefore, it
can be disposed off by resorting the provision of section 258 of Cr. P. C.
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 on several occasions the summons/warrant
were issued against the accused. The CA report is not filed on record. In
absence of CA report it cannot be held that, accused found having
custody of liquor. It further reveals that, the F.I.R. came to be filed
against accused stating that, he has driven his auto rickshaw without a
valid licence. Particularly no act of accused with particular time has not
been mentioned in the F.I.R. During investigation no independent
witnesses have been examined by Investigating Officer and no
statement recorded of those independent witnesses. Prosecution failed
to secure the presence of 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. seized liquor be sent to
the Collector of Excise for disposal, as per law.
4. Seized auto rickshaw already returned to the informant.
Indemnity bond executed by informant stands canceled.
Place : Mumbai.
Date : 26/09/2024.
SRD.
Sd/-
Metropolitan/Judicial Magistrate,
(First Class), 71st Court, Bandra, Mumbai.
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