Final Order 1

Order Details: Copy of Judgment
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE
12TH COURT, BANDRA, MUMBAI .
C.C.No. 1319/PS/2018
PLEA OF ACCUSED
1 Date of Commission of offence : 28/12/2017
2 Name of the complainant : The State, ( Dharavi Police Station)
3 Name, age, Parantage, Place of
residence of accused
: Mohd.Islam Atawar Rehman Shaikh
Age : 53 yrs
R/o: Room NO. 201, Vijaynagar,
Sangamgalli, Dharavi, Mumbai 17
4 Particulars of offence : U/sec. 188 of the Indian Penal Code
That, on 28/12/2017 within the jurisdiction of Dharavi Police Station,
you accused knowing that by an order promulgated by the public servant
lawfully empowered to promulgate the said order, where under you were
directed to give information about keeping the person in house on rent ,
disobeyed such directions by giving the said on rent, by which act
disobedience of the order is caused in respect of order of Commissioner of
police and thereby committed an offence punishable u/sec. 188 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, 27th day of February, 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 27th day of February, 2018 )
1] Today, accused Mohd.Islam Atawar Rehman Shaikh is appeared
before me in the Court by Dharavi Police Station. He had voluntarily moved
the application to plead guilty, which is accepted. The particulars of offence
is framed against the accused for the offence punishable u/sec. 188 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. 188 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 and Ld. A.P.P. are heard on the point of sentence.
The Ld. A.P.P submitted that reasonable punishment be awarded. On the
other hand, the accused 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 Mohd.Islam Atawar Rehman Shaikh is convicted vide section
252 of Criminal Procedure Code for the offence punishable u/sec. 188
of the Indian Penal Code. He is sentenced to suffer Simple
Imprisonment till rising of the Court and to pay fine of Rs. 200/ (Rs.
Two Hundred only) in default he is sentenced to suffer Simple
Imprisonment of 7 (seven) days.
2. The copy of the Judgment be given to the accused.
(Judgment is pronounced in open court.)
Sd/
Date : 27/02/2018
(R. S. Sarkale)
Metropolitan Magistrate,
12th Court, Bandra, Mumbai.
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