Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE,
(FIRST CLASS), 71st COURT, BANDRA, MUMBAI.
ORDER BELOW EXH.01 IN C. C. NO. 1815/PS/2015
State (B.K.C. P.S.) Vs. Yasar Nasuruddin Shaikh.
The Hon'ble Bombay High Court directed that, to conduct
special drive on 17/05/2025 for disposal of unattended, petty, stale and
ineffective cases. Therefore, today the case is taken up for disposal in
special drive. Accused alleged to have committed an offence P/U/Sec.
279, 337 of I.P.C. & 185 of M. V. Act. Case is more than two 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, 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 by accused. 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 is discharged. His bail bonds, if any, stand canceled.
3. Seized property, if any, be returned to it’s lawful owner, as per rules.
Place : Mumbai.
Date : 17/05/2025.
SRD
Sd/-
Judicial Magistrate, (First Class),
71st Court, Bandra, Mumbai.
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