Final Order 1

Order Details: Order below Ex-1
Pdf Text: 1
MHMM190017092019 IN THE COURT OF THE JUDICIAL MAGISTRATE
(FIRST CLASS),
RAILWAY COURT, ANDHERI, MUMBAI.
C. C. NO. 688 / PS / 2019
(Spl. LAC. No. 36/2019)
The State
(Oshiwara Police Station) ….Prosecution
Vs.
Jamir Ul Haq Choudhari @ Samir ...Accused
***********************************
ORDER BELOW EXH. 1
In view of the directions given by the letter of Hon’ble
MDLSA/2026/1247 dated 29.07.2026, and Hon’ble CJM vide O. W.
No.5215/2026 dated 04.08.2026, to dispose of the matters in special
drive, the present matter was kept for dismissal order.
2. The instant case is summons case of the year 2019 in
respect of offence punishable under Section 122 (E) of the Maharashtra
Police Act. The accused is absent since long. In-spite of all the efforts
the presence of the accused is not secured. In the circumstances, it is
quite difficult to proceed with the matter.
The Hon'ble High Court of
Bombay in Mulchand Raka Vs State of Maharashtra 1996 (1)
Bom.C.R.316 held that Section 258 of Code of Criminal Procedure can
be resorted to where the special or unusual circumstances exists such as
non appearance of the accused before the Court for considerable time,
which make it difficult or impossible for the Magistrate to proceed with
the case in a normal way and in such situation without any hindrance
the provision of Section 258 of Code of Criminal Procedure can be
-- 1 of 2 --
2
resorted to. The said ratio is aptly applicable to the instant case, as the
police machinery is negligent in securing the presence of the accused.
Therefore, it is difficult to proceed with the case in a normal way.
Hence, this is a fit case to take resort to Section 258 of the Code of
Criminal Procedure.
3. For the foregoing reasons, the proceeding of the instant
case is stopped and the accused is discharged vide Section 258 of Code
of Criminal Procedure with liberty to the prosecution to revive the
proceeding on the arrest or securing presence of the accused by
showing justifiable grounds.
4. The original police papers be retained in “C” file for their
use in the event of re-opening the case under Section 300(5) of the
Code of Criminal Procedure.
(Shailja O. Pandey)
Date: 11.09.2026 Judicial Magistrate (First Class),
Andheri Railway Mobile Court,
Andheri, Mumbai
-- 2 of 2 --