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.8301/PS/2022
State (VAKOLA P.S.) Vs. SAGAR RAGHUNATH RASAL AND ORS.
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. 135 of M. P. 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 are absent since long. It reveals that,
Investigating Officer has not recorded statement of independent
witnesses. Copy of Prohibitory order promulgated by the District
Magistrate 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. All accused are discharged. Their bail bonds, if any, stand
canceled.
Place : Mumbai.
Date : 25/07/2024.
SRD.
Sd/-
Metropolitan/Judicial Magistrate
(First Class), 71st Court, Bandra, Mumbai.
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