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. 5996/PS/2022
State (VAKOLA P.S.) Vs. MOHD. TOUFIQUE MOHD. AMIN ANSARI
AND ORS.
The Hon'ble Bombay High Court directed that, from
22/07/2024 to till 26/07/2024 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. 279, 336 of I.P.C. Case is more than one 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. 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. Even complete trial would not result into conviction of
accused. There is no direct evidence regarding rash and negligent driving
of the vehicle on the public road. 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. All accused are discharged. Their bail bonds, if any, stand
canceled.
Place : Mumbai.
Date : 23/07/2024.
SRD.
Sd/-
Metropolitan/Judicial Magistrate,
(First Class), 71st Court, Bandra, Mumbai.
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