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.7196/PS/2022
State (SANTACRUZ P.S.) Vs. VASANAT KADU JACHAK
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. 188, 279, 336, 269, 270 of IPC and
punishable under section 2, 3, 4 of Pandemic Act and punishable under
section 11 of Maharashtra Covid-19 Act and punishable under section 51
B of Disaster Management Act. 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. Accused is absent since long. It reveals that, Investigating Officer
has not recorded statement of independent witnesses. Copy of
Prohibitory order promulgated by the Authority is also not placed on
record. Even after completion of trial it would not be end in the
conviction of accused. Hence, 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 muddemal already returned to the informant, hence,
indemnity bond executed by him stands cancelled.
Place : Mumbai.
Date : 25/07/2024.
SRD.
Sd/-
Metropolitan/Judicial Magistrate
(First Class), 71st Court, Bandra, Mumbai.
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