Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 3165 PW 2024 State Vs Saddam and ors.
CNR.MHMM18-013540-2024
ORDER PASSED BELOW EXH.-1
1. The Accused Nos.1 to 4, produced and Accused No.5, not produced by jail
Authorities. They are charged with the offence punishable under Sections 310(4)
and 310(5) of the Bharatiya Nyaya Sanhita, 2023 and other provisions, which is
exclusively triable by the Court of Session. Their Ld. Advocate Shri Dinesh
Prajapati, is present. He filed application and requested to commit the matter for
trial to Session Court, though Accused No.5, 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 persons
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 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 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 persons 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 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 02.01.2024, 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.
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C. C. No. 3165 PW 2024 State Vs Saddam and ors.
CNR.MHMM18-013540-2024
e. The Police Station Officer, Bandra, Mumbai, be directed to produce
muddemal property in the Court of Session on or before 02.01.2024, positively.
f. The Public Prosecutor shall be notified of the commitment of the case to
the Court of Session.
MUMBAI (KOMALSING RAJPUT)
DATE – 19.12.2024 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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