Final Order 1

Order Details: Copy of Judgment
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
71st COURT, BANDRA, MUMBAI.
ORDER BELOW EXH.01 C. C. NO. 4534/PS/2021
State (BKC P.S.) Vs. Einstine Fallstine Dicona and Ors.
Today the case is taken up for disposal in special drive, as
per the directions of the Hon'ble High Court. Accused alleged to have
committed an offence P/U/Sec. 279, 336 of IPC. Case is more than 0
1
years 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 on several occasions the summons/warrant
were issued against the accused. However, prosecution failed to secure
the presence of the accused. 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 acquitted. Their bail bonds, if any, stand
canceled.
Place : Mumbai.
Date : 05/09/2023.
SRD.
Sd/-
Metropolitan Magistrate
71st Court, Bandra, Mumbai.
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