Final Order 1

Order Details: Copy of Judgment
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
71st COURT, BANDRA, MUMBAI.
C. C. NO.352/PS/2024
LAC/C. R. No. 752/2023 of Vakola P. Stn.
1. Name of Accused :- Harikishan Mohanlal Dubey.
2. Offence complained :- P.U.S. 285 of I.P.C.
3. Particulars of Offence :- That on 14/11/2023, at about 20.30
hours, within jurisdiction of Vakola police station you accused was
found with cooking foods on fire or any combustible matter, so
rashly or negligently as to endanger human life, or to be likely to
cause hurt or injury to any other person, or knowingly or
negligently omits to take such order with any fire or any
combustible matter in his possession as is sufficient to guard
against any probable danger to human life from such fire or
combustible matter and thereby committed an offence punishable
under section 285 of I.P.C. and within my cognizance.
Plea of Accused :
Q.1: Have you received copy of Charge-sheet ?
Ans: Yes.
Q.2: Have you heard & understood the Charge now read over &
explained to you ?
Ans : Yes.
Q.3: Do you plea guilty ?
Ans : Yes.
Signature of Accused.
Before me,
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
Date : 05/01/2024.
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JUDGMENT
1. The accused is alleged to have committed offence PUS. 285 of I.P.C.
The accused has pleaded guilty voluntarily when the consequences of
pleading guilty were explained to him. Thus, the accused will have to be
convicted.
2. The Ld. APP argued for maximum punishment. However, there is no
evidence of the previous conviction of the accused under the said Sections
available on record.
3. Heard the accused on the point of sentence. He stated that he is
only earning member in his family. His economic condition is not sound.
His family is totally dependent on him. He further stated that it is his first
offence and he assured that he will not commit any offence in future.
4. Considering the plea of the accused, following order is passed.
ORDER
1) The accused is hereby convicted under Sec. 252 for the offence
PUS. 285 of Indian Penal Code and is sentenced to pay fine of
R.1,000/- (One Thousand) and in default of payment of fine the
accused is sentenced to suffer Simple Imprisonment for Five
(05) days.
2) Seized property if any be returned to its lawful owner, as per
rule.
3) Proceeding closed. Case papers be filed.
Place : Mumbai.
Date : 05/01/2024.
SRD.
Sd/-
(A. B. Jadhav)
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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