Interim Order 1

Order Details: Copy of Judgment
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32nd COURT, BANDRA, MUMBAI.
( Judgment U/sec 355 of Cr. P. C. )
( Presided over by Smt. A.M. Shah )
1] The Serial number of the case : C. C. No. 439/PW/2022
CNR No.MHMM180010032022
2] The date of commission of offence : On 20.11.2021
3] The name of complainant if any : The State (Nirmal Nagar Police
Station )
C.R. No. 608/2021
(At the instance of Mr. Alimuddin
Aabul Shaikh )
4] The name of accused his address
and parentage
: 3. Kalpesh Mahendra Kanthariya
Age : 28 Yrs.
R/o.: Santacruz (E), Mumbai
5] The offence complained off or
proved
: U/s. 392 r/w 34 of Indian Penal
Code.
6] The plea of the accused and his
examination if any
: Accused No.3 pleaded guilty.
7] Final order : Accused No.3 is convicted.
8] The date of such order : 02.03.2022
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REASONS
The accused No.3 Kalpesh Mahendra Kanthariya is produced
before me through video conference. Charge is framed against him, to which
he voluntarily pleaded guilty. Accused is in jail since 22.11.2021. Heard
accused in person. He submitted that lenient view may be taken as he is only
earning member of his family. Considering the nature of offence,
antecedents of accused, age of accused and the period of detention already
undergone, I proceed to pass following order :
ORDER
i) Accused No.3 Kalpesh Mahendra Kanthariya is convicted
under section 241 of Criminal Procedure Code for the offence
punishable u/sec. 392 r/w 34 of Indian Penal Code and he is
sentenced to suffer R.I. for Three (3) months and to pay fine
of Rs. 200/ and in default of payment of fine, to suffer S.I. for
2 days.
ii) The accused is in custody since 22.11.2021. He is entitled to
get benefit of set off for the period of detention already
undergone vide under section 428 of Cr.P.C.
iii) Muddemal property be preserved for the trial of accused No.
1 & 2.
v) Copy of this judgment be supplied to accused No.3 free of
cost.
Smt. A.M. Shah
Date : 02.03.2022 Metropolitan Magistrate,
ssl. 32Nd Court, Bandra, Mumbai.
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