Final Order 1

Order Details: Copy of Judgment
Pdf Text: THE COURT OF METROPOLITAN MAGISTRATE
12TH COURT, BANDRA, MUMBAI.
C.C. No.481/PS/2020
PARTICULARS
1 Date of Commission of offence : 12.01.2020
2 Name of the complainant : The State, (Bandra Police Station)
3 Name, age, address of accused : 1. Junaid Usman Khatri,
R/o: Khar (W), Mumbai.
2. Mohd. Shakil Ali Mohd. Idris,
R/o: Bandra (W), Mumbai.
4 Particulars of offence : U/Sec.285, 336 r/w 34 of IPC
THAT you both accused above named in furtherance of your
common intention on 12.01.2020 in between 00.05 hrs. to 00.30 hrs. at
Fusion Hukka Parlour, 578, 12/A, First Floor, St. Peeters Road, Bandra
(W), Mumbai give hukka to client in iron pot by flaming coal so rashly or
negligently as to endanger human life and thereby committed an offence
punishable U/Sec.285 r/w 34 of IPC and within my cognizance.
That, you both above named accused on the aforesaid date, time and
place did act of giving hukka to client in iron pot by flaming coal so rashly
or negligently as to endanger human life or the personal safety of other and
thereby committed an offence punishable U/Sec.336 r/w 34 of Indian
Penal Code.
And I hereby direct that, you be tried by the said Court on the said
charge.
Mumbai, dated, 20th February, 2020.
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PLEA
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. I plead guilty.
Before me,
(Jaydeo Y. Ghule)
Metropolitan Magistrate,
12th Court, Bandra, Mumbai. Signature of Accused no.1
Signature of Accused no.2
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JUDGMENT ON ADMISSION
(Delivered on 20th day of February, 2020)
1. Today, accused no.1. Junaid Usman Khatri and 2. Mohd. Shakil
Ali Mohd. Idris are produced before Court by Bandra Police Station along
with chargesheet. On particulars of offence being explained to them in
vernacular, they voluntarily pleaded guilty. Hence, I hold the accused
guilty for the offence punishable U/Sec.285, 336 r/w 34 of IPC.
2. Heard the accused and Ld. A.P.P on the point of sentence. The Ld.
A.P.P submitted that appropriate order be passed. Accused submitted that
they are poor person and earning member of their family. Accused prayed
for leniency. Considering material and submission, I ordain as follows to
meet the ends of justice :
O R D E R
1. Accused 1. Junaid Usman Khatri and 2. Mohd. Shakil Ali Mohd.
Idris, are convicted vide section 252 of The Criminal Procedure
Code for the offence punishable U/Sec.285 r/w 34 of IPC. They are
sentenced to pay fine of Rs.1,000/ (Rupees One Thousand only)
each. In default they are sentenced to suffer Simple Imprisonment
of 15 (Fifteen) days each.
2. Both accused are convicted vide section 252 of The Criminal
Procedure Code for the offence punishable U/Sec.336 r/w 34 of IPC.
They are sentenced to pay fine of Rs.250/ (Rupees Two Hundred
Fifty only) each.
3. The copy of the Judgment be given to the accused free of cost.
(Judgment is pronounced in open court.)
Date : 20.02.2020 (Jaydeo Y. Ghule)
Metropolitan Magistrate,
12th Court, Bandra, Mumbai.
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