Final Order 1

Order Details: Order below Ex-1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
36th COURT MUMBAI CENTRAL, MUMBAI.
C. C. No. 352/PS/2018.
ORDER BELOW (EXH.1 )
Perused Roznama. The Roznama of the case reveals that,
the accused has been continuously absent in the proceeding since
from long time. All the summons/warrants issued against the accused
have returned unserved.
2. In the case titled Mulchand Motilal Raka V/s. State of
Maharashtra and another 1996(1) B Cr C 36, the Hon'ble Bombay
High Court has observed that where the presence of the accused
cannot be secured or presence of any important witness cannot be
secured by the prosecution, which is necessary for the trial of the case
and where the Magistrate does not find it possible to dispose of the
matter by adopting normal procedure contemplated by the Court for
one reason or other, it would be open to Magistrate to stop further
proceeding of the case under section 258 of Cr.P.C. In my view, the
present case fit in the circumstances depicted by the Hon'ble High
Court in the case supra.
3. In the present case also the accused has been continuously
absent in the proceeding and warrant is pending against them. There
are no immediate chances of securing their presence in near future.
4. Today, the special drive is organized as per the directions
of the Hon'ble Bombay High Court vide Letter No.B(Gen)
1001/2021/1611, dated 26/11/2021 to dispose off old and
-- 1 of 2 --
~2~
ineffective matters. In my view, this is a fit case where resort can be
taken to the provisions of section 258 of Cr.P.C. to stop the further
proceeding. Hence, order.
ORDER
1 The proceeding against the accused is hereby stopped
and accused are released vide section 258 of Cr.P.C.
2 Bail bonds, if any, of the accused stands cancelled.
3 Muddemal property be auctioned and proceeds of
sale be credited to the State Government.
Date : 09/12/2021.
SRD.
Sd/
(J. C. Dhengale)
Metropolitan Magistrate,
36th Court, Mumbai Central,
Mumbai.
-- 2 of 2 --