Final Order 2

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. 5932/PS/2022
State (VAKOLA P.S.) Vs. S. VIJAY HARISHCHANDRA LAD 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. r/w 184 of M. V. Act. Accused No.4
has been already pleaded guilty and sentences awarded to him
accordingly. 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. Accused No.1, No.2 and No.3 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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