Final Order 1

Order Details: Order Below EX 1
Pdf Text: THE COURT OF ADDL. CHIEF METROPOLITAN MAGISTRATE
9th COURT, BANDRA, MUMBAI.
C.C. No. 924/PS/2020
PARTICULARS
1 Date of Commission of offence : 05/05/2020
2 Name of the complainant : The State, ( Mahim Police Station)
3 Name, age, address of accused : Ramdulare Saholeshwar Gupta
Res. At : Andheri(W) , Mumbai.
4 Particulars of offence : U/Sec.188, 269 of IPC. R/w 2, 3
and 4 of Epidemic Disease Act r/w
51 (B) National Disaster
Management Act.
That, on 05/05/2020 within the jurisdiction of Mahim Police Station, you
accused disobedience to an order duly promulgated by a public servant during
penademic disease Covid – 19 and did negligent act by not arranging properly the
public while standing in front of your wine shop and 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 2, 3 and 4 of Epidemic Disease
Act r/w section 51(B) National Disaster Management Act.
And I hereby direct that, you be tried by the said Court on the said charge.
Mumbai, dated, 21st October, 2020.
(Jaydeo Y. Ghule)
Metropolitan Magistrate,
12th Court, Bandra, Mumbai.
I/c.ACMM, 9TH 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
I/c.ACMM, 9TH COURT,BANDRA,
MUMBAI.
JUDGMENT ON ADMISSION
(Delivered on 21st day of October , 2020)
1. Today, accused Ramdulare Saholeshwar Gupta is present before Court.
Mahim Police Station filed chargesheet. On particulars of offence being explained to
him in vernacular, he voluntarily pleaded guilty. Hence, I hold the accused no.1
guilty for the offence punishable U/Sec.188, 269, of IPC R/w 2, 3 and 4 of
Epidemic Disease Act r/w section 51(B) of Disaster Management 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 :
C.C. No.924 /PS/2020
O R D E R
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1. Accused Ramdulare Saholeshwar Gupta 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.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. The copy of the Judgment be given to the accused free of cost.
(Judgment is pronounced in open court.)
sd/
Date : 21/10/2020 (Jaydeo Y. Ghule)
Metropolitan Magistrate,
12th Court, Bandra, Mumbai.
I/c.ACMM, 9TH COURT,BANDRA,
MUMBAI.
ASD.
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