Full Order Text
Order 1 · 08 Aug 2025 · CNR MHMM190029152018
Order Details: Order Pdf Text: C. C. No.601/SS/2018 ORDER BELOW EXH.39 Perused record. Accused is absent since long. Non bailable warrants as well proclamation were issued against him on many occasions. However, they were not executed. Matter is pending for recording statement of accused under Section 313 of Cr.P.C. since long. The Hon’ble Bombay High Court while deciding Criminal Application No.490 of 2017 in Prakash Sheth V/s. T. Ramalingam Nadar @ Ramalingam and another in Para-35 and also in Criminal Revision Application No.70 of 2023 in Navneet Singh Gogia and other V/s. The State of Maharashtra and other in Para-47 has observed that if the accused failed to appear before the Court despite issuance of warrant against him, the Court is empowered to proceed with the case without recording statement of accused under Section 313 of Cr. P.C. 2. In the case in hand, accused had not bothered to remain present before the Court. It appears that he is not ready to avail opportunity of explaining circumstances appearing against him as well as to put forward his defence, if any. As accused failed to appear in the case since long, his statement under Section 313 of Cr.P.C. is dispensed with. Matter to proceed without recording statement of accused under Section 313 of Cr.P.C. Date : 08/08/2025 Sd/- ( Shri. M.S. Budhwant ) Judicial Magistrate, First class 63rd Court, Andheri, Mumbai -- 1 of 1 --