State of Maharashtra vs Bablu Shyamlal Banpela

MHNG030189442023 SCC No.12064/2023 State Vs.

Bablu Order below Exh.1 (Dated 09th September, 2025) This case is taken up on today's board in Special Drive.

Perused record.

From record, it can be seen that the the prosecution failed to secure presence of accused.

Furthermore, the Investigating Officer has not filed C.A. report along with charge sheet.

Despite of ample opportunity, the investigating officer failed to file C.A. report on record till today.

In absence of C.A. report it is difficult to arrive to the conclusion that the accused was possessing prohibited substance or liquor.

Therefore, in view of the provision of Section 258 of Criminal Procedure Code, it appears to me that it is a fit case to stop the proceeding.

Thus, I pass following order ; ORDER 1) Proceeding is stopped vide Section 258 of the Code of Criminal Procedure.

2) Bail bonds of the accused, if any stands forfeited.

3) Muddemal property i.e. seized liquor if not destroyed earlier be sent to the State Excise Department, Nagpur for disposal as per rules after appeal period is over.

Date : 09/09/2025. (Nilesh B.

Patil) Judicial Magistrate, First Class, (Court No.

3), Nagpur PATIL NILESH BHASKAR Order Digitally signed by PATIL NILESH BHASKAR Location: Nagpur Date: 2025.09.09 17:37:17 +0530 CERTIFICATE I affirm that the contents of this P.D.F. file of Order are word to word as per original Order.

Name of Stenographer : Smt.

V.N.

Meshram