Final Order 1

Order Details: Copy of Judgment .
Pdf Text: 1 C. C. No. 2292/PS/2019
(Old C. C. No. 1743/M/2016)
Presented on : 24.11.2016
Registered on : 24.11.2016
Decided on : 04.04.2019
Duration: 02 Y. 04 M. 10 Days
Exhibit : 25
IN THE COURT OF METROPOLITAN MAGISTRATE, 25TH COURT,
MAZGAON, AT SEWREE, MUMBAI
(Presided Over by P. K. Deshpande)
JUDGMENT
(U/s. 355 of Cr. P.C.)
a The Serial Number of The case : 2292/PS/2019
(CNR No. MHMM12008097
2019)
b The date of commission of
offence
: 10.04.2013
c Name of the complainant, if
any,
: The State of Maharashtra,
Through the Sr. Police Inspector
of Shivajipark Police Station
Mumbai.
d Name of Police station and
C. R.No.
: Shivaji Park Police station,
Mumbai
C. R. No. 121/2013
e Name of the accused person/s,
his parentage and residence.
: 1) Sadanand Shankar
Sarvankar
Aged 62 years,
R/o. 201, 1st Floor, Devkunj
Society, Keluskar Road,
Dadar, Mumbai.
2) Manohar @ Chhotu Vishnu
Sawant,
R/o. Siddhiprabha Building,
Sayani Road, R. No. 111,
opposite Ravindranath Natya
Mandir, Mumbai.
3) Rajendra Narayan
-- 1 of 6 --
2 C. C. No. 2292/PS/2019
(Old C. C. No. 1743/M/2016)
Suryawanshi
R/o. Sharif Qureshi Nagar, R.
No. 15, Shastri Nagar,
opposite Shankar Temple,
Dharavi, Mumbai.
4) Muttu Tevar
(Case is abated on
21.06.2018)
5) Siddharth Harishchandra
Chavan
R/o. Gopal Bhuvan, R. No. 6,
Kakasaheb Gadgil Marg,
Dadar (W), Mumbai.
6) Yashwant Sakharam
Vichale,
R/o. Madhusudan Chawl, R.
No. 3, Kumbharwada, Vartak
Hall, Dadar, Mumbai.
f The Offence complained of or
proved
: U/Secs. 141, 142, 143, 149,
151, 285 of Indian Penal Code
and 37(1) r/w. 135 of
Maharashtra Police Act.
g The plea of the accused person
and his examination if any
: Accused pleaded not guilty
h Final Order : Accused are acquitted of the
offences punishable U/Sec. 141,
142, 143, 149, 151, 285 of
Indian Penal Code and 37(3)
r/w. 135 of Maharashtra Police
Act.
i The date of such Order : 04.04.2019
Mr. Shashikant Ighare – APP for the State
-- 2 of 6 --
3 C. C. No. 2292/PS/2019
(Old C. C. No. 1743/M/2016)
Mr. A. V. Parte – Ld. Advocate for all accused
JUDGMENT
(Delivered on this 04th day of April, 2019)
1) Accused are facing trial for the offences punishable under
section 141, 142, 143, 149, 151, 285 of Indian Penal Code and 37(1)
r/w. 135 of Maharashtra Police Act.
2) The following points arise for my determination and I have
recorded my findings against each of them for the reasons mentioned
thereunder,
Sr.
No.
Points Findings
1] Is it proved by prosecution that accused No. 1
to 3 and 5 to 6 alongwith abated accused No.
4 on 10.04.2013 at about 11.15 hrs, at
Dadasaheb Rege Marg, near B.E.S.T.
Terminal, were members of an unlawful
assembly and thereby committed an offence
punishable U/Sec. 143 r/w.149 of Indian
Penal Code ?
No.
2] Is it proved by prosecution that accused No. 1
to 3 and 5 to 6 alongwith abated accused No.
4, on the above said date, time and place, in
furtherance of their common object, joined or
continued in an assembly of five or more
persons likely to cause a disturbance of the
public peace after knowing that such
assembly had been lawfully commanded to
disperse, and thereby committed an offence
punishable U/Sec.151 r/w.149 of Indian
Penal Code ?
No.
3] Is it proved by prosecution that accused No. 1
to 3 and 5 to 6 alongwith abated accused No.
-- 3 of 6 --
4 C. C. No. 2292/PS/2019
(Old C. C. No. 1743/M/2016)
4, on the above said date, time and place, in
furtherance of their common object, with fire
to enkindle the statue having raw clothes,
seems to be Deputy Chief Minister Shri
Ajitdada Pawar, which is so rash and
negligent as to endanger to human life or
likely to cause hurt or injury by obstructing
the traffic on road, omitted to take such order
as sufficient to guard against the probable
danger to human life from any such fire or
other combustible material, and thereby
committed an offence punishable U/Sec.285
r/w.149 of Indian Penal Code ?
No.
4] Is it proved by prosecution that accused No. 1
to 3 and 5 to 6 alongwith abated accused No.
4, on the above said date, time and place, in
furtherance of their common object, found in
making of assembly inspite of prohibition to do
such act through out Brihan Mumbai, in
contravention of prohibitory order of the
commissioner of police and thereby committed
offence punishable U/Sec. 37 (3) r/w. 135 of
Bombay Police Act ?
No.
5] What order? As per final
order.
R E A S O N S
As to Points No. 1 to 4 :
6) P. W. No. 1 deposed that the followers of Shivsena had
gathered at the place of incident which included accused No.1.
According to him, it was unlawful assembly. To constitute an unlawful
assembly, contravention of section 37 of Maharashtra Police Act was
required to be established. In the case in hand, the prosecution failed to
bring on record the said order passed under section 37 of said Act and
prove its promulgation. Furthermore, P. W. No. 1 could not pin point
-- 4 of 6 --
5 C. C. No. 2292/PS/2019
(Old C. C. No. 1743/M/2016)
individual roles of the accused persons. He could only identify accused
No. 1 as he is prominent leader of said locality. He could not identify
rest of the accused persons as there was mob. In his crossexamination,
he clearly admits that the place of incident was surrounded by police
and therefore it was not possible for him to see incident clearly. The
evidence on record does not inspire confidence and therefore all
accused deserved to be acquitted. Accordingly, I answer Points No. 1 to
4 in negative. In answer to Point No. 5, I pass following order.
ORDER
1) Accused No. 1 Sadanand Shankar Sarvankar, No. 2 Manohar
@ Chhotu Vishnu Sawant, No. 3 Rajendra Narayan Suryawanshi, No. 5
Siddharth Harishchandra Chavan, and No. 6 Yashwant Sakharam
Vichale are acquitted under section 248 (1) of The Code of Criminal
Procedure, 1973 of the offences punishable under section 141, 142,
143, 149, 151, 285 of Indian Penal Code and 37(1) r/w. 135 of
Maharashtra Police Act.
2) The Bail Bonds of the accused stand cancelled.
3) Previous PB of Rs. 5,000/ each of the accused to continue for
compliance of section 437A of Criminal Procedure Code till further
orders by this court or appellate court.
4) The Judgment is dictated and declared in open court.
Sd/
Date : 04.04.2019 ( P. K. Deshpande)
Metropolitan Magistrate,
25th Court, Mazgaon, at Sewree, Mumbai.
-- 5 of 6 --
6 C. C. No. 2292/PS/2019
(Old C. C. No. 1743/M/2016)
Judgment dictated on : 04.04.2019
Judgment transcribed on : 04.04.2019
Judgment signed on : 04.04.2019
Sd/
Date : 04.04.2019 (P. K. Deshpande)
Metropolitan Magistrate,
25th Court, Mazgaon, at Sewree, Mumbai.
Ksg/
-- 6 of 6 --