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.929/PS/2020
PARTICULARS
1 Date of Commission of offence : 09/05/2020
2 Name of the complainant : The State, ( Mahim Police Station)
3 Name, age, address of accused : 1. Sad Salim Khan
2. Shaarif Sharif Khan
Res. At : Ambad Link Road, Nasik.
4 Particulars of offence : U/Sec.188, 269, 271 of IPC. R/w 2,
3 and 4 of Epidemic Disease Act.
That, on 09/05/2020 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 driving your vehicle i.e.
Tempo illegally without permission and licence, so also you made public to travel
in your tempo 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, 271
of IPC R/w 2, 3 and 4 of Epidemic Disease Act.
And I hereby direct that, you be tried by the said Court on the said charge.
Mumbai, dated, 23rd 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,
Signature of Accused no.1
(Jaydeo Y. Ghule)
Metropolitan Magistrate,
12th Court, Bandra, Mumbai. Signature of Accused no.2
I/c.ACMM, 9TH COURT,BANDRA,
MUMBAI.
JUDGMENT ON ADMISSION
(Delivered on 23rd day of October, 2020)
1. Today, accused no. 1 Sad Salim Khan and accused no. 2 Shaarif Sharif
Khan are 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, 271 of IPC R/w 2, 3 and 4 of Epidemic Disease 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 :
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C.C. No. 929/PS/2020
O R D E R
1. Accused no. 1. Sad Salim Khan and accused no. 2. Shaarif Sharif Khan are
convicted vide section 252 of The Criminal Procedure Code for the offence
punishable U/Sec.188 of IPC. They are sentenced to suffer Simple
Imprisonment till rising of the Court, and to pay fine of Rs.1,000/ (Rupees
One Thousand only) each. In default they are sentenced to suffer Simple
Imprisonment of 15 (Fifteen) days each.
2. Both accused are convicted vide section 252 of Cr.P.C. for the offence
punishable U/Sec.269 of IPC. They are sentenced to suffer Simple
Imprisonment till rising of the Court, and to pay fine of Rs.1,000/ (Rupees
One Thousand only) each. In default he is sentenced to suffer Simple
Imprisonment of 15 (Fifteen) days each.
3. Both accused are convicted vide section 252 of Cr.P.C. for the offence
punishable U/Sec.271 of IPC. They are sentenced to suffer Simple
Imprisonment till rising of the Court, and to pay fine of Rs.500/ (Rupees
Five Hundred only) each. In default he is sentenced to suffer Simple
Imprisonment of 07 (Seven) days each.
4. The copy of the Judgment be given to both the accused free of cost.
(Judgment is pronounced in open court.)
sd/
Date : 23/10/2020 (Jaydeo Y. Ghule)
Metropolitan Magistrate,
12th Court, Bandra, Mumbai.
I/c.ACMM, 9TH COURT,BANDRA,
MUMBAI.
ASD.
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