Order 1

Order Details: Order Below EX 1
Pdf Text: THE COURT OF CHIEF METROPOLITAN MAGISTRATE
9th COURT, BANDRA, MUMBAI.
C.C. No.958/PS/2020
PARTICULARS
1 Date of Commission of offence : 17/04/2020
2 Name of the complainant : The State, (Mahim Police Station)
3 Name, age, address of accused : 3. Amir Irfan Petiwala
R/o : Mahim (W), Mumbai.
5.Abdul Rehman Aashiqali
Chaudhary
R/o:Sakinaka, Andheri, Mumbai.
4 Particulars of offence : U/Sec.269, 271 of IPC r/w Section
2, 3 and 4 of Epidemic Disease Act.
That, on 17.04.2020 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.
motorcycle illegally without permission 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. 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 3rd November, 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 3rd day of November, 2020)
1. Today, accused no.3. Amir Irfan Petiwala and accused no. 5 Abdul
Rehman Aashiqali Chaudhary are present before Court. Mahim Police Station filed
chargesheet. On particulars of offence being explained to them in vernacular, they
voluntarily pleaded guilty. Hence, I hold the accused guilty for the offence
punishable U/Sec.269, 271 of IPC r/w Section 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 they are poor
persons and earning member of their family. They prayed for leniency. The police
has not complied the provision of law for the compliance of Section 188 of IPC.
Considering material and submission, I ordain as follows to meet the ends of justice :
O R D E R
1. Accused no.3. Amir Irfan Petiwala and accused no. 5 Abdul Rehman
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Aashiqali Chaudhary 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 they are sentenced to suffer Simple
Imprisonment of 15 (Fifteen) days each.
2. 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 they are sentenced to suffer Simple Imprisonment of
07 (Seven) days each.
3. The copy of the Judgment be given to the accused free of cost.
4. Case to proceed against remaining accused persons.
5. Issue summons to accused no.1,2 and 4.
(Judgment is pronounced in open court.)
sd/
Date : 03/11/2020 (Jaydeo Y. Ghule)
Metropolitan Magistrate,
12th Court, Bandra, Mumbai.
I/c ACMM.,9TH COURT, BANDRA, MUMBAI
ASD
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