Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 3020 PW 2024 State Vs Aashish
CNR.MHMM18-012646-2024
ORDER PASSED BELOW EXH.-1
1. The accused not produced by jail Authorities. He is charged with the
offence punishable under Sections 3(5), 109, 351(2) of the Bharatiya Nyaya
Sanhita, 2023, which is exclusively triable by the Court of Session. His Ld.
Advocate Shri Subodh Santi, is present. He filed application and requested to
commit the matter for trial to Session Court, though accused is not produced. He
submitted that the compliance of Section 230 of Bharatiya Nagarik Suraksha
Sanhita, 2023 is already done and he is already appointed as an advocate of the
accused and pursuing the matter. He 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, 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 230 of Bharatiya Nagarik Suraksha Sanhita, 2023 are supplied to the
accused. Hence, following order :
ORDER
a. The case is committed to the Court of Session.
b. The accused 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 232 of Bharatiya Nagarik Suraksha Sanhita, 2023.
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 06.12.2024, 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.
e. The Police Station Officer, Dharavi, Mumbai, be directed to produce
muddemal property in the Court of Session on or before 06.12.2024, positively.
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C. C. No. 3020 PW 2024 State Vs Aashish
CNR.MHMM18-012646-2024
f. The Public Prosecutor shall be notified of the commitment of the case to
the Court of Session.
MUMBAI (KOMALSING RAJPUT)
DATE – 22.11.2024 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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