Final Order 1

Order Details: Copy of Judgment
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE,
(FIRST CLASS), 71st COURT, BANDRA, MUMBAI.
CNR NO.MHMM18-000491-2025 C. C. NO.181/PS/2025
LAC/C. R. No. 1468/2024 of
Santacruz P. Stn.
1. Name of Accused :- Mohammed Afzal Hussain.
2. Offence complained :- P.U.S. 281, 125 of B.N.S. of 2023 r/w.s.
184 of M. V. Act.
3. Particulars of Offence :- That, at about 24/12/2024, in between
13.20 to 13.30 hours, from Sane Guruji Road towards Khira Nagar
Junction, Santacruz (W), Mumbai, you accused were found driving
vehicle i.e. motor vehicle bearing registration No.5087740, so
rashly or negligently as to endanger human life or to be likely to
cause hurt or injury to any person and thereby committed an
offence punishable under section 281 of the B.N.S. of 2023 and
within my cognizance.
Secondly, That, you accused on above date, time and place drove
above mentioned vehicle, as to endanger human life and thereby
committed an offence punishable under section 125 of the B.N.S of
2023 and within my cognizance.
Thirdly, on above mentioned date, time and place you accused
drove your above mentioned vehicle at speed or in manner which is
dangerous to the public or which causes sense of alarm to other
road users and thereby committed an offence punishable under
section 184 of the Motor Vehicles Act 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.
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Signature of Accused.
Before me,
Sd/-
Judicial Magistrate, (First Class),
71st Court, Bandra, Mumbai.
Date : 01/02/2025.
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JUDGMENT
1. The accused is alleged to have committed offences punishable
under sections 281, 125 of The Bharatiya Nyaya Sanhita, 2023 r/w.s. 184
of M. V. Act. 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. A.P.P. 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. 275 of The
Bharatiya Nagarik Suraksha Sanhita, 2023 for the offence
P.U.S. 281 of The Bharatiya Nyaya Sanhita, 2023 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) The accused is hereby convicted under Sec. 275 of The
Bharatiya Nagarik Suraksha Sanhita, 2023 for the offence
P.U.S. 125 of The Bharatiya Nyaya Sanhita, 2023 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.
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CNR NO.MHMM18-000491-2025 C. C. NO.181/PS/2025
LAC/C. R. No. 1468/2024 of
Santacruz P. Stn.
3) The accused is hereby convicted under Sec. 275 of The
Bharatiya Nagarik Suraksha Sanhita, 2023 for the offence
PUS. 184 of M. V. Act 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.
4) All sentences to run consecutively.
5) Seized property if any be returned to it’s lawful owner, as
per rule.
6) Proceeding closed. Case papers be filed.
Place : Mumbai.
Date : 01/02/2025.
SRD.
Sd/-
(A. B. Jadhav)
Judicial Magistrate, (First Class),
71st Court, Bandra, Mumbai.
Date : 01/02/2025.
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