Final Order 1

Order Details: Judgment Copy
Pdf Text: C.C. No.924/PS/2023
Record of summary Case No.928/PS/2023 tried in a summary by
Metropolitan Magistrate, 18th Court, Girgaon, Mumbai, under Chapter
XXI of Cr. P. C. (Act II of 1974)
1) Date of Commission of Offence : 07/09/2023
2) Date of report of Complaint : 07/09/2023
3) Name, age, Parentage, Place of
Residence of Complainant
: The State (Through Dr. D. B.
Marg Police Station)
4) Name, age, Parentage, Place of
Residence of Accused
: Arshadali Saifarali Shaikh
5) Particulars of Offence : Under Sections 279, 336 of The
Indian Penal Code read with
sections 184 of Motor Vehicle
Act.
That on 07/09/2023 within the jurisdiction of Dr. D. B. Marg Police
Station on public road, opp. Bata Junction, R.R. Road Mumbai, you
accused drove motorcycle bearing no.MH03ED2744 in rash and
negligent manner so as to be likely to cause hurt or injury to any other
person and that you thereby committed the offence punishable Under
Section 279 of The Indian Penal Code.
Secondly, that you accused on above date, time and place by
driving the motorcycle bearing no.MH03ED2744 in rash and negligent
manner endangering human life or personal safety of others and thereby
committed an offence punishable under section 336 of The Indian Penal
Code.
Thirdly, that you accused on above date, time and place drove
motorcycle bearing no.MH03ED2744 in high speed which is
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dangerous to public having regard to all the circumstances of the case
including the nature, condition and use of the place where the vehicle is
driven and the amount of traffic which actually was at that time and
thereby committed an offence punishable under section 184 of Motor
Vehicle Act.
And I hereby direct that you be tried on the said charge/
particulars of offence which are explained to you in Marathi / the language
of the accused / vernacular language.
Mumbai, dated 08th September, 2023.
Sd/
(Krishnarao K. Patil)
Metropolitan Magistrate,
18th Court, Girgaum, Mumbai.
JUDGMENT
That you namely Arshadali Saifarali Shaikh is being tried for
the offence punishable under sections 279, 336 of The Indian Penal Code
read with sections 184 of Motor Vehicle Act.
2] Accused is voluntarily pleading guilty. He prayed for leniency
and also prayed that, he may be sentenced only to fine. Also heard Ld. APP
and Ld. Counsel for the accused.
3] Considering the nature of the offences, the amount of
punishment and the mitigating circumstances that the accused has come
forward to plead guilty which shows his truthfulness in nature. Therefore,
he deserves some leniency in sentence. Therefore, I find it just and proper
to sentence him to suffer simple imprisonment till rising the Court and to
pay fine amount to the maximum permissible under law. Therefore, it is
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proposed to accept the plea of the accused having found voluntary and to
sentence him to suffer simple imprisonment till rising the Court and fine.
Therefore, I pass the following order :
ORDER
a] Accused Arshadali Saifarali Shaikh is hereby convicted for
the offences punishable Under Sections 279, 336 of The Indian Penal
Code read with sections 184 of Motor Vehicle Act under section 252 of
The Code of Criminal Procedure.
b] He is sentenced to pay a fine of Rs.1,000/ only (Rupees One
Thousand only) for the offence punishable under Section 279 of The
Indian Penal Code and to suffer simple imprisonment till rising the
court; in default of payment of fine the accused shall suffer simple
imprisonment for 15 days; the accused to pay fine of Rs.250/ (Rupees
two hundred and fifty only) for the offence punishable under section 336
of The Indian Penal Code in default of payment of fine the accused shall
suffer simple imprisonment for 15 days; the accused shall pay fine of
Rs.1,000/ only (Rupees One Thousand only) for the offence punishable
under section 184 of the Motor Vehicle Act, i.d. of payment of fine the
accused shall suffer simple imprisonment for 15 days.
c] Copy of this judgment be given to the accused free of costs.
d] Dictated and pronounced in the open Court.
Sd/
(Krishnarao K. Patil)
Place : Girgaon, Mumbai Metropolitan Magistrate,
Date : 11/09/2023 18th Court, Girgaon, Mumbai
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