Final Order 1

Order Details: Copy of Judgment
Pdf Text: THE COURT OF METROPOLITAN MAGISTRATE
12TH COURT, BANDRA, MUMBAI.
CASE NO.306/PW/2020 (C.R. NO.177/2019)
CHARGE
I, Jaydeo Y. Ghule, Metropolitan Magistrate, 12th Court, Bandra,
Mumbai, do hereby charge you :
Hanif Noor Mohd. Qureshi, Age : 38 years,
Occu.: Nil, Res. at – Mahim (E), Mumbai.
as follows :
Firstly, that you above named accused on 09.07.2019 at about 12.30
hrs. at Room No.28, Kutti Wadi, Anwar Chawl, 60 Feet Road, Dharavi,
Mumbai committed theft of Samsung Tab of Rs.8,000/ in the house of
informant Munir Rashid Ahmed used for human dwelling and thereby
committed an offence punishable U/Sec.380 of IPC and within my
cognizance.
Lastly, that you above named accused on aforesaid date, time and
place voluntarily committed lurking housebreaking by entering into the
house of informant used as human dwelling and committing of any offence
punishable with imprisonment i.e. theft and committed an offence
punishable U/Sec.454 the Indian Penal Code and within my cognizance.
And I hereby direct that you be tried by me for the above offence.
Sd/
(Jaydeo Y. Ghule)
Metropolitan Magistrate,
Date : 06.05.2021 12th Court, Bandra, Mumbai.
-- 1 of 4 --
STATEMENT AND PLEA OF THE ACCUSED BELOW CHARGE
CASE NO.306/PW/2020 (SHAHU NAGAR POLICE STATION)
Exh.
Hanif Noor Mohd. Qureshi, Age : 38 years,
Occu.: Nil, Res. at – Mahim (E), Mumbai.
1. Have you received the copies of police Papers?
Ans: Yes.
2. Have you understood the charge?
Ans: Yes.
3. Do you plead guilty?
Ans: Yes, I plead guilty. (As per Exh.3 of accused application
received from Jail by post.)
Before me,
Sd/
(Jaydeo Y. Ghule)
Metropolitan Magistrate,
12th Court, Bandra, Mumbai. Signature of Accused
-- 2 of 4 --
CASE NO.306/PW/2020 (SHAHU NAGAR POLICE STATION)
ORDER BELOW CHARGE
1. The present accused stands chargesheeted by Shahu Nagar Police
Station in C.R. No.177/2019 for the offence punishable U/Sec.380, 454 of
IPC. It is the case of the prosecution that accused on 09.07.2019 at about
12.30 hrs. at Room No.28, Kutti Wadi, Anwar Chawl, 60 Feet Road,
Dharavi, Mumbai committed theft of Samsung Tab of Rs.8,000/ in the
house of informant Munir Rashid Ahmed used for human dwelling and
voluntarily committed lurking housebreaking by entering into the house of
informant used as human dwelling and committing of any offence
punishable with imprisonment i.e. theft and thereby committed an offence
punishable U/Sec.380, 454 of the Indian Penal Code.
2. The accused is in judicial custody since 29.12.2019. Since then he is
in judicial custody. During judicial custody he is ready to plead guilty and
he has send his plead guilty application (Exh.3) dated 31.03.2021 which
was received by this court near about 09.04.2021. I satisfied myself that
his plea is voluntary. Therefore, as accused pleaded guilty it requires to
pass conviction order. At the same time the request of the accused that he
is poor person and earning member of his family needs to be considered.
The accused is in jail custody for 01 year, 04 months and 07 days.
Considering that accused is in jail for 01 year, 04 months and 07 days
lenient view needs to be taken. Therefore, considering all these aspects I
proceed to pass the following order :
ORDER
i) The accused Hanif Noor Mohd. Qureshi is convicted for the offence
punishable U/Sec.380 of IPC as per section 241 of Cr. P.C. and sentenced
-- 3 of 4 --
to suffer S.I. for 02 years.
ii) The accused Hanif Noor Mohd. Qureshi is convicted for the offence
punishable U/Sec.454 of IPC as per section 241 of Cr. P.C. and sentenced
to suffer S.I. for 02 years.
iii) The substantive sentence of imprisonment of the above offences shall
run concurrently as per section 427 of Cr.P.C.
iv) The accused is in jail custody since 29.12.2019. Therefore, set off for
the above period be awarded to the concern accused from the substantive
jail sentence as per section 428 of Cr. P.C.
v) Copy of the order be given free of cost to the accused.
vi) Inform the jailer accordingly.
Sd/
(Jaydeo Y. Ghule)
Metropolitan Magistrate,
Date : 06.05.2021 12th Court, Bandra, Mumbai.
-- 4 of 4 --