Interim Order 1

Order Details: Order
Pdf Text: C. C. No.4940/SS/2018
ORDER BELOW EXH.29
Perused record. Accused No.1 is absent since long. Non
bailable warrants were issued against him on many occasions. However,
they were not executed. Accused was released on cash security. His cash
security is forfeited to the Government. 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 has observed in Para-35 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. 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 No.1 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 his statement under Section 313 of Cr.P.C.
Date : 06/12/2024
Sd/-
( Shri. R.D. Dange )
Judicial Magistrate, First class
63rd Court, Andheri, Mumbai
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