Final Order 1

Order Details: Copy of Judgment
Pdf Text: THE COURT OF METROPOLITAN MAGISTRATE
12TH COURT, BANDRA, MUMBAI.
C.C. No.899/PS/2020
PARTICULARS
1 Date of Commission of offence : 15.04.2020
2 Name of the complainant : The State, (Shahu Nagar Police
Station)
3 Name, age, address of accused : Mohamau Karim Maksoodali
Shaikh,
R/o: Room No.26, Soniya Building,
60 Feet Road, Dharavi, Mumbai.
4 Particulars of offence : U/Sec.188, 269 of IPC r/w Section
51 (B) of National Disaster
Management Act 2005.
That, on 15.04.2020 within the jurisdiction of Shahu Nagar Police
Station, you accused disobedience to an order duly promulgated by a
public servant during penademic disease Covid – 19 and did negligent act
by opening your shop for public 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 of IPC r/w Section 51 (B) of
National Disaster Management Act 2005.
And I hereby direct that, you be tried by the said Court on the said
charge.
Mumbai, dated, 17th 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 17th day of October, 2020)
1. Today, accused Mohamau Karim Maksoodali Shaikh is produced
before Court by Shahu Nagar 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 of IPC r/w Section 51 (B) of National Disaster
Management Act 2005.
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 Mohamau Karim Maksoodali Shaikh 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
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punishable U/Sec.51 (B) of National Disaster Management Act 2005.
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.
4. Muddemal property i.e. weight machine be returned to the owner on
due identification after appeal period is over.
5. In default all the above sentences shall run concurrently.
6. The copy of the Judgment be given to the accused free of cost.
(Judgment is pronounced in open court.)
Date : 17.10.2020 (Jaydeo Y. Ghule)
Metropolitan Magistrate,
12th Court, Bandra, Mumbai.
srp
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