Final Order 1

Order Details: Copy of Judgment
Pdf Text: THE COURT OF METROPOLITAN MAGISTRATE
12TH COURT, BANDRA, MUMBAI.
C.C. No.892/PS/2020
PARTICULARS
1 Date of Commission of offence : 11.04.2020
2 Name of the complainant : The State, (Dharavi Police Station)
3 Name, age, address of accused : Rameshkumar Bagaram Modi,
Res. at : Room No.C/23, behind
Bus Stop, Antop Hill Church, Antop
Hill, Mumbai.
4 Particulars of offence : U/Sec.188, 269, 270, 271, 290 of
IPC.
Sec.130 and 158 punishable
U/Sec.177 of M. V. Act.
That, on 11.04.2020 within the jurisdiction of Dharavi Police Station,
you accused disobedience to an order duly promulgated by a public servant
during penademic disease Covid – 19 and did negligent act by driving your
motorcycle no.MH03BF8093 on public road again and again without any
valid reason likely to spread infection of disease dangerous to life by
refusing to comply with any direction given by or on behalf of the
Government and thereby committed an offence punishable U/Sec.188, 269,
270, 271, 290 of IPC.
That, you above named accused on the aforesaid date, time and
place, failing to produce his licence, on demand, to informant who is
police officer in uniform and thereby committed an offence U/Sec.130, 158
punishable with Section 177 of Motor Vehicle Act and within my
cognizance.
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And I hereby direct that, you be tried by the said Court on the said
charge.
Mumbai, dated, 15th October, 2020.
(Jaydeo Y. Ghule)
Metropolitan Magistrate,
12th Court, Bandra, Mumbai.
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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
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JUDGMENT ON ADMISSION
(Delivered on 15th day of October, 2020)
1. Today, accused Rameshkumar Bagaram Modi is produced before
Court by Dharavi Police Station along with chargesheet. On particulars of
offence being explained to him in vernacular, he voluntarily pleaded guilty.
Hence, I hold the accused guilty for the offence punishable U/Sec.188, 269,
270, 271, 290 r/w 34 of IPC and Section 130 and 158 punishable with
Section 177 of M. V. Act.
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
he is poor person and earning member of his family. He prayed for
leniency. Considering material and submission, I ordain as follows to meet
the ends of justice :
O R D E R
1. Accused Rameshkumar Bagaram Modi is convicted vide section
252 of The Criminal Procedure Code for the offence punishable
U/Sec.188 of IPC. He is sentenced to suffer Simple Imprisonment
till rising of the Court, and to pay fine of Rs.1,000/ (Rupees One
Thousand only). In default he is sentenced to suffer Simple
Imprisonment of 15 (Fifteen) days.
2. Accused is convicted vide section 252 of Cr.P.C. for the offence
punishable U/Sec.269 of IPC. He is sentenced to suffer Simple
Imprisonment till rising of the Court, and to pay fine of Rs.1,000/
(Rupees One Thousand only). In default he is sentenced to suffer
Simple Imprisonment of 15 (Fifteen) days.
3. Accused is convicted vide section 252 of Cr.P.C. for the offence
punishable U/Sec.270 of IPC. He is sentenced to suffer Simple
Imprisonment till rising of the Court, and to pay fine of Rs.500/
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(Rupees Five Hundred only). In default he is sentenced to suffer
Simple Imprisonment of 07 (Seven) days.
4. Accused is convicted vide section 252 of Cr.P.C. for the offence
punishable U/Sec.271 of IPC. He is sentenced to suffer Simple
Imprisonment till rising of the Court, and to pay fine of Rs.500/
(Rupees Five Hundred only). In default he is sentenced to suffer
Simple Imprisonment of 07 (Seven) days.
5. Accused is convicted vide section 252 of Cr.P.C. for the offence
punishable U/Sec.290 of IPC. He is sentenced to pay fine of
Rs.100/ (Rupees One Hundred only). In default he is sentenced
to suffer Simple Imprisonment of 07 (Seven) days.
6. Accused is convicted vide section 252 of Cr.P.C. for the offence
U/Sec.130 and 158 punishable with Section 177 of M. V. Act. He is
sentenced to pay fine of Rs.200/ (Rupees Two Hundred only). In
default he is sentenced to suffer Simple Imprisonment of 07 (Seven)
days.
7. Muddemal property i.e. Activa motorcycle no.MH03BF8093 be
returned to the owner on due identification after appeal period is
over.
8. The copy of the Judgment be given to the accused free of cost.
(Judgment is pronounced in open court.)
Date : 15.10.2020 (Jaydeo Y. Ghule)
Metropolitan Magistrate,
12th Court, Bandra, Mumbai.
srp
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