Order 1

Order Details: Order
Pdf Text: C. C. No.4916/SS/2018
ORDER BELOW EXH.61
Perused record. Accused No.2 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 No.2 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 No.2 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 No.2 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 No.2 under Section 313 of Cr.P.C.
Date : 24/07/2025
Sd/-
( Shri. M.S. Budhwant )
Judicial Magistrate, First class
63rd Court, Andheri, Mumbai
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