Final Order 1

Order Details: Copy of Judgment
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE
12TH COURT, BANDRA, MUMBAI
C.C.No. 574/PS/2018
PLEA OF ACCUSED
1 Date of Commission of offence : 24/01/2018
2 Name of the complainant : The State, ( Shahunagar Police Stn)
3 Name, age, Parantage, Place of
residence of accused
: Mohanprasad Narayanprasad Gupta
Age : 42 years.
R/o : R.No.24, Golden Apartment,
Palwadi, Dharavi, Mumbai.
4 Particulars of offence : U/sec. 285 of the Indian Penal Code
That, on 24/01/2018 within the jurisdiction of Shahunagar Police
Station, you accused preparing food by using gas shegdi on open place at a
public place so rashly or negligently as to endanger human life of others and
thereby committed an offence punishable u/sec. 285 of the Indian Penal Code
and within my cognizance.
And I hereby direct that, you be tried by the said Court on the said charge.
Mumbai, dated 25th day of January, 2018.
PLEA OF THE ACCUSED
Q.1 : Have you understood the charge now framed and explained to you?
Ans : Yes
Q.2 : Have you received the copy of the chargesheet in this case?
Ans : Yes
Q.3 : Do you plead guilty to the charge?
Ans : Yes
Before me,
Sd/
(R. S. Sarkale)
Metropolitan Magistrate, Signature of Accused
12th Court, Bandra, Mumbai.
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JUDGMENT ON ADMISSION
( Delivered on 25th day of January, 2018 )
1] Today, accused Mohanprasad Narayanprasad Gupta is present
with his advocate before the Court. He had voluntarily moved an application to
plead guilty, which is accepted. The particulars of offence is framed against the
accused for the offence punishable u/sec. 285 of the Indian Penal Code. He
pleaded guilty voluntarily to the said charge, in spite of its consequences are
explained to him by this court, in vernacular. Hence, I hold the accused guilty
for the offence punishable u/sec. 285 of the Indian Penal Code. Today he has
filed application stating that he want to plead guilty without fear and
voluntarily, so accepted.
2] The accused is heard on the point of sentence. He submitted that,
he is not habitual offender and his family is depending upon him, and hence,
leniency may be shown while awarding the sentence. Considering the
submission of accused, nature of offence. So, I think that, following sentence
will meet the ends of justice. Hence, the following order :
O R D E R
1. Accused Mohanprasad Narayanprasad Gupta is convicted vide section
252 of Criminal Procedure Code for the offence punishable u/sec. 285
of the Indian Penal Code. He is sentenced to suffer Simple
Imprisonment till rising of the Court and to pay fine of Rs. 1,000/ (Rs.
One Thousand Only) in default he is sentenced to suffer Simple
Imprisonment of 10 (Ten) days.
2. The muddemal property i.e. gas cylinder be returned to the accused, as
per rules.
3. The copy of the Judgment be given to the accused free of cost.
(Judgment is pronounced in open court.)
Sd/
Date : 25/01/2018
( R. S. Sarkale )
Metropolitan Magistrate,
12th Court, Bandra, Mumbai.
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