Final Order 1

Order Details: Copy of Judgment
Pdf Text: 1
IN THE COURT OF METROPOLITAN MAGISTRATE
12TH COURT, BANDRA, MUMBAI.
C.C.No. 1514/PS/2018
PLEA OF ACCUSED
1 Date of Commission of offence : 19/03/2018
2 Name of the complainant : The State, ( Shahunagar Police
Station)
3 Name, age, Parantage, Place of
residence of accused
: 1. Abdul Rashid Abdul Rahman
Shaikh
2. Sayyad Hussain Sayyad Badshah
3. Sayyad Imran Sayyad Gaus
4. Sayyad Salim Sayyad Noorali
5. Amanulla Yusuf Shaikh
6. Sajid Mohd. Hanif Shaikh
7. Usman Navabjan Shaikh
8. Abdul Ibrahim Shaikh
All R/o : Behind Sundar Vilas Hotel,
Muslim Nagar, Dharavi, Mumbai.
4 Particulars of offence : U/sec. 160 of the Indian Penal Code
That, on 19/03/2018 at about 11.00 hrs. within the jurisdiction of
Shahunagar Police Station, you accused committed an affray and thereby
committed an offence punishable u/sec. 160 of the Indian Penal Code and
within my cognizance.
And I hereby direct that, you be tried by the said Court on the said charge.
Mumbai, dated, 21st day of March, 2018.
-- 1 of 4 --
2
PLEA OF THE ACCUSED
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
Before me,
Sd/
(R.S.Sarkale)
Metropolitan Magistrate, 1.
12th Court, Bandra, Mumbai.
2.
3.
4.
5.
6.
7.
8.
Signature of Accused
-- 2 of 4 --
3
JUDGMENT ON ADMISSION
( Delivered on 21st day of March, 2018 )
1] Today, accused no.1. Abdul Rashid Abdul Rahman Shaikh,
no.2. Sayyad Hussain Sayyad Badshah, no.3. Sayyad Imran Sayyad
Gaus, no.4. Sayyad Salim Sayyad Noorali, no.5. Amanulla Yusuf
Shaikh, no.6. Sajid Mohd. Hanif Shaikh, no.7. Usman Navabjan
Shaikh and no.8. Abdul Ibrahim Shaikh are produced before me in the
Court by Shahunagar Police Station. They had voluntarily moved the
application to plead guilty, which is accepted. The particulars of offence is
framed against the accused for the offence punishable u/sec. 160 of the
Indian Penal Code. They pleaded guilty voluntarily to the said charge, in
spite of its consequences are explained to them by this court, in
vernacular. Hence, I hold the accused guilty for the offence punishable
u/sec. 160 of the Indian Penal Code. Today they have filed application
stating that they want to plead guilty without fear and voluntarily, so
accepted.
2] The accused and Ld. A.P.P. are heard on the point of sentence.
The Ld. A.P.P submitted that reasonable punishment be awarded. On the
other hand, the accused submitted that, they are not habitual offender
and their families are depending upon them, and hence, leniency may be
shown while awarding the sentence. Considering the submission of
accused, nature of offence. So, I think that, following sentence will meet
the ends of justice. Hence, the following order :
-- 3 of 4 --
4
O R D E R
1 Accused no.1. Abdul Rashid Abdul Rahman Shaikh, no.2. Sayyad
Hussain Sayyad Badshah, no.3. Sayyad Imran Sayyad Gaus,
no.4. Sayyad Salim Sayyad Noorali, no.5. Amanulla Yusuf
Shaikh, no.6. Sajid Mohd. Hanif Shaikh, no.7. Usman Navabjan
Shaikh and no.8. Abdul Ibrahim Shaikh are convicted vide section
252 of Criminal Procedure Code for the offence punishable u/sec.
160 of the Indian Penal Code. They are sentenced to suffer Simple
Imprisonment till rising of the Court and to pay fine of Rs. 100/
(Rs. One Hundred only) each in default they are sentenced to suffer
Simple Imprisonment of 2 (Two) days each.
2. The copy of the Judgment be given to the accused.
(Judgment is pronounced in open court.)
Sd/
Date : 21/03/2018 ( R. S. Sarkale)
Metropolitan Magistrate,
12th Court, Bandra, Mumbai
aas
-- 4 of 4 --