Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 2428 PW 2022 State Vs Shahida and ors.
CNR-MHMM18-012320-2022
ORDER PASSED BELOW EXH.-1
Accused Nos.1 to 4, Shahida Mazhar Shaikh, Kumsum Juber Shaikh,
Babar Mehtab Khan @ China and Hamid Hanif Sayyad, are present before this
court. The Accused No.5, Kayum Gafar Khan @ Chunky, is not produced by jail
authorities. The accused are charged with the offences punishable under Sections
307, etc. of the Indian Penal Code and other provisions, out of which the principal
offence is exclusively triable by the Court of Session. Heard Ld. Advocates,
appearing for all the accused persons. They filed application and requested to
commit the matter for trial to Session Court, though Accused No.5, is 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 No.5, though physically absent, his
advocate/representative is present. On perusal of material said offence made out.
Cognizance taken. 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 be committed to the Court of Session.
b. Accused Nos.1 to 4, Shahida Mazhar Shaikh, Kumsum Juber Shaikh,
Babar Mehtab Khan @ China and Hamid Hanif Sayyad, are directed to appear
before the Court of Session on 15.03.2023.
c. The Accused No.5, Kayum Gafar Khan @ Chunky, is 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.
d. The Jail Authorities are directed to produce the Accused No.5, Kayum
Gafar Khan @ Chunky, in custody before the Court of Session on receiving
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C. C. No. 2428 PW 2022 State Vs Shahida and ors.
CNR-MHMM18-012320-2022
production warrant from that Court in Form No.IV, Chapter XXXIII of the
Criminal Manual or on or before 15.03.2023, if such warrant not received.
e. The record of the case, the documents and articles, which are to be
produced in evidence, shall be sent to the Court of Session.
f. The Police Station Officer, Bandra, Mumbai, be directed to produce
muddemal property in the Court of Session on or before 15.03.2023, positively.
g. The Public Prosecutor shall be notified of the commitment of the case to
the Court of Session.
MUMBAI (KOMALSING RAJPUT)
DATE – 01.03.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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