Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 2218 PW 2022 State Vs Mallesh and ors.
CNR.MHMM18-010204-2022
ORDER PASSED BELOW EXH.-1
1. The accused not produced by jail Authorities. They are charged with
the offence punishable under Sections 120-B, 302, 324, 504 r/w.34 of the
Indian Penal Code and other provisions, which is exclusively triable by the
Court of Session. Their Ld. Advocate present. They filed application and
requested to commit the matter for trial to Session Court, though accused
are not produced. They submitted that the compliance of Section 207 of
Code of Criminal Procedure is already done and they are already appointed
as an advocate of the accused and pursuing the matter. They also filed
pursis to that effect.
2. Thus, there appears no hindrance in committing the matter as all the
technicalities already complied. Accused though physically absent, their
advocate/representative is present. On perusal of material said offence made
out. The copies of police report and other documents as specified in Section
207 of the Code of Criminal Procedure are supplied to the accused. Hence,
following order :
ORDER
a. The case is committed to the Court of Session.
b. The accused are remanded to Magisterial Custody until commitment
of the case and also during and until the conclusion of trial before the Court
of Session vide Section 209 (a) and (b) of the Code of Criminal Procedure.
c. The Jail Authorities are directed to produce the accused in custody
before the Court of Session on receiving production warrant from that Court
in Form No.IV, Chapter XXXIII of the Criminal Manual or on or before
15.12.2022, if such warrant not received.
d. The record of the case, the documents and articles, which are to be
produced in evidence, shall be sent to the Court of Session.
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C. C. No. 2218 PW 2022 State Vs Mallesh and ors.
CNR.MHMM18-010204-2022
e. The Police Station Officer, Dharavi, Mumbai, be directed to produce
muddemal property in the Court of Session on or before 15.12.2022,
positively.
f. The Public Prosecutor shall be notified of the commitment of the case
to the Court of Session.
Sd/-
MUMBAI (KOMALSING RAJPUT)
DATE – 01.12.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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