Final Order 1

Order Details: Order
Pdf Text: IN THE COURT OF THE METROPOLITAN MAGISTRATE,
65 TH COURT, ANDHERI, MUMBAI.
I have gone through the proceeding. Accused is charged
with the offence p/u/s.188,269 of IPC. The case is filed by the
prosecution after registering the first information report against the
accused. Further it appears that after making investigation by the
investigating officer filed chargesheet in this court. I have gone through
the provision of 195(1) of Cr.PC. it is specifically provided that no court
shall take cognizance – (a)(i) of any offence punishable u/s.172 to 188
(both inclusive) of IPC. Therefore, as per this provision this court
cannot take cognizance of this case except the complaint filed by the
competent person as provided in Section 2(d) of Cr.P.C. for taking
cognizance of the offence p/u/s.172 to 188 of IPC, the concern person
has to follow the procedure of Section 200 of CR.P.C. but in this cases
the case registered at police station and police has taken cognizance
and forwarded chargesheet to this court. Therefore, present proceeding
deserves to be stopped. Hence, following order :
ORDER
1. The proceeding is stopped u/s. 258 of Cr.P.C.
2. Accused discharged.
3. Bail bond stands cancelled, if any.
Sd/
Dt.07.09.2023 (Hashmi H.A.H.I.)
ask Metropolitan Magistrate
65th Court, Andheri, Mumbai
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