Final Order 1

Order Details: Copy of Judgment
Pdf Text: IN THE COURT OF METROPOLITAN/JUDICIAL MAGISTRATE,
(FIRST CLASS), 71st COURT, BANDRA, MUMBAI.
CNR NO.MHMM18-003071-2025 C. C. NO. 1221/PS/2025
LAC/C. R. No.137/2025 of Vakola P.
Stn.
1. Name of Accused 1 :- Swaminath Ramdulare Gupta.
2 :- Salman Samsher Khan.
3 :- Naresh Nathuram Kamble.
4 :- Ayazuddin Hasnoddin Shaikh.
5 :- Sohel Zafar Khan.
2. Offence complained :- P.U.S. 125 of B.N.S. of 2023 r/w.s.
129/194A of M. V. Act.
3. Particulars of Offence :- That, on 19/02/2025, at around 02.45
At Golibar Road, Near Santacruz railway station, Santacruz (E),
Mumbai you accused drove your respective vehciles, as to endanger
human life and thereby committed an offence punishable under
section 125 of B.N.S of 2023 and within my cognizance.
Secondly, on above mentioned date, time and place you accused,
drove a your respective vehicles or causes or allows a transport
vehicle to be driven, while carrying more passengers than is
authorised in the registration certificate of such transport vehicles or
the permit conditions applicable to such transport vehicles and
thereby committed an offence punishable under section 129/194A of
the Motor Vehicles Act, 1988 and within my cognizance.
Plea of Accused No.1 to No.5 :
Q.1: Have you received copy of Charge-sheet ?
Ans: No.1 Yes. No.2 Yes. No.3 Yes. No.4 Yes. No.5 Yes.
Q.2: Have you heard & understood the Charge now read over &
explained to you ?
Ans : No.1 Yes. No.2 Yes. No.3 Yes. No.4 Yes. No.5 Yes.
Q.3: Do you plea guilty ?
Ans : No.1 Yes. No.2 Yes. No.3 Yes. No.4 Yes. No.5 Yes.
Signature of Accused. Before me,
Sd/-
Judicial Magistrate, (First Class),
71st Court, Bandra, Mumbai.
Date : 10/03/2025
No.1 No.2 No.3
No.4 No.5
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JUDGMENT
1. All accused are alleged to have committed offences
punishable under sections 125 of The Bharatiya Nyaya Sanhita, 2023,
r/w.s. 129/194A of M. V. Act. All accused has pleaded guilty voluntarily,
when the consequences of pleading guilty were explained to them. Thus,
all 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 all accused under the
said sections available on record.
3. Heard all accused on the point of sentence. They stated that,
they are only earning members in their family. Their economic condition is
not sound. Their family is totally dependent on them. They further stated
that, it is his first offence and they assured that, they will not commit any
offence in future.
4. Considering the plea of all accused, following order is passed.
ORDER
1) All accused are 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 are
sentenced to pay fine of R.1,000/- (One Thousand) each
and in default of payment of fine all accused are
sentenced to suffer Simple Imprisonment for Five (05)
days each.
2) All accused are hereby convicted under Sec. 275 of The
Bharatiya Nagarik Suraksha Sanhita, 2023 for the offence
PUS. 129/194A of M. V. Act and are sentenced to pay fine
of R.200/- (Two Hundred) each and in-default of payment
of fine all accused are sentenced to suffer Simple
Imprisonment for one (01) day each.
3) Both sentences to run consecutively.
4) Seized property if any be returned to it’s lawful owner, as
per rule.
5) Proceeding closed. Case papers be filed.
Place : Mumbai.
Date : 10/03/2025.
SRD.
Sd/-
(A. B. Jadhav)
Judicial Magistrate, (First Class),
71st Court, Bandra, Mumbai.
Date :10/03/2025.
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