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. 4581/PS/2021
State (B.K.C. P.S.) Vs. S. Bhanuprasad Mrutyunjaya Jaiswal and Ors.
The Hon'ble Bombay High Court directed that, from
23/09/2024 to till 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. 279, 336 of I.P.C. r/w 3/181 of M. V. Act. Case is more
than three years 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. It further reveals that, the F.I.R. came to
be filed against 9 different accused stating that, they have driven their
respective vehicles in rash and negligent manner. No particular over act of
each accused with particular time has not been mentioned in the F.I.R.
There is no direct evidence regarding rash and negligent driving of the
vehicle on the public road and violated the rules. 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 : 24/09/2024.
SRD.
Sd/-
Metropolitan/Judicial Magistrate,
(First Class), 71st Court, Bandra, Mumbai.
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