Final Order 2

Order Details: Copy of Judgment
Pdf Text: C. C. No. 1856 PW 2017 State Vs Isaki and ors.
CNR No.MHMM18-004031-2018
Exh.10
Received on – 21.12.2017
Registered on – 21.12.2017
Decided on – 19.09.2024
Dura. – 06 Ys. 08 Ms. 28 Ds.
Exh.10
IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS,
12TH COURT, BANDRA, MUMBAI
(Presided over by Komalsing Rajput)
(JUDGMENT U/SEC. 355 OF CRIMINAL PROCEDURE CODE)
a. The serial number of the case 1856/PW/2017
b. The date of commission of offence From 22.03.2017, 22.30 hrs. to
23.03.2017, at 02.30 hrs., at several
places at Dharavi, Mumbai.
c. The name of the complainant Mr. Kishor Pawar, A.P.I., attached with
Dharavi Police Station, Mumbai.
d. The name of the accused persons,
their parentage and residence
1. Isakivelu Pechimuttu Nadar,
Age – 33 years, Occupation – Nil,
R/o. Transit Camp, Block No.10,
Dharavi, Mumbai,
2. Isaki Arunachalam Nadar,
Age – 38 years, Occupation - Nil,
R/o. Room No.227, Rajeev Gandhi
Chawl, M. P. Nagar, Dhorwada, Dharavi,
Mumbai,
3. Isaki Muttu Nadar,
Age – 38 years, Occupation – Nil,
R/o. Near Yellow Bunglow, Rajeev
Gandhi Nagar, Dharavi, Mumbai,
e. The offence complained of or
proved
Under Section 420 r/w.34 of Indian Penal
Code
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f. The plea of the accused and their
examination (if any)
Accused pleaded not guilty.
g. The final order Accused are acquitted.
h. The date of such order 19.09.2024
Advocates for the Parties –
For State - Shri. Prasad Joshi, Ld. A.P.P.
For Accused - Shri. R. R. Mishra, Advocate
JUDGMENT
(Delivered on 19th September, 2024)
1. Accused are facing charge for offence punishable under Section 420
r/w.34 of Indian Penal Code.
2. The prosecution case, in brief is as under –
On 01.04.2017, the officer in charge of a Anti Terrorist Squad,
Dharavi Police Station, Mumbai, received confidential information some
people using bogus SIM cards for anti national activities, therefore, on the
basis of said information the officer in charge conducted raids at three
places in Dharavi area, in possession of accused persons. At these three
different places accused were found possessing several SIM cards and
other documents. This whole material has been seized. On the basis of it
the first informant Mr. Mukund Gajanan Shinde, Police Constable, lodged
report against accused persons with Dharavi Police Station. The said crime
was registered at C.R. No.136/2017, for offence punishable under Section
420 r/w.34 of Indian Penal Code and investigation started. The accused
were arrested. Investigating Officer recorded the statements of witnesses,
collected other material and after completion of investigation as sufficient
material to proceed was found against accused persons, filed final report/
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charge sheet, under Section 173 of Code of Criminal Procedure, against
accused persons.
3. Charge was framed by one of my Ld. Predecessor, at Exh.2. The
accused persons vide their separate pleas, Exhs.3, 4 and 5, pleaded not
guilty and claimed to be tried. Prosecution in support of it’s case
examined only one witness i.e. informant, as P.W.1, Mr. Mukund Gajanan
Shinde, vide Exh.7 and also relied on First Information Report, Exh.8.
4. Heard both the sides. The defence of the accused is of total denial
and false implication. Considering the evidence on record, submissions of
both the parties and other facts and circumstances, the following points
arrived for my determination. I recorded my findings on each of them for
the reasons discussed below -
Sr. No. POINTS FINDINGS
1. Does it prove that the accused in furtherance of
their common intention committed cheating? ....In the negative.
2. What order? ....Accused are acquitted.
REASONS
5. As stated above, prosecution in support of it’s case examined only
one witness i.e. informant, as P.W.1, Mr. Mukund Gajanan Shinde, vide
Exh.7. The summary of his evidence is that at relevant time he was
serving with Anti Terrorist Squad, Dharavi Police Station, Mumbai. He
can not recalled exact date of incidence, but on the said date between
07.00 to 08.00 hrs. in the evening, informant along with other police
personnel had been to Transit Camp, Dharavi, Mumbai, and found one
person possessing several SIM card repeatedly. He informed about it to
his senior and went to the house of one of the accused Mr. Isaki Nadar. He
had taken search of it and said accused was found in possession of 150+
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SIM cards kept in jar. They also found other documents and documents
pertaining to several gas connections and bank accounts in his possession.
He prepared panchanama and seized all those documents and lodged
report, Exh.8, against accused with Dharavi Police Station, Mumbai.
6. The summary of the allegations is that the confidential information
received by the police that some people procuring bogus SIM cards and
using them they may commit anti national activities. Therefore, they
raided three separate premises of the accused persons and seized a bulk of
SIM cards and several other documents. Therefore, offence was lodged
under Section 420 of Indian Penal Code, alleging that they had cheated the
Government.
7. The basic ingredients constitute the offence of cheating i.e.
wrongful gain to one person and wrongful loss to another occurred on
account of intention to defraud, is missing in the First Information Report
and the other material produced with the charge sheet. Thus, the very
prosecution case is weak. Even if the whole charge sheet is accepted by
accused persons as it is, there is doubt, whether accused can be convicted
or not?
8. In support of such weak case, the evidence produced if considered,
the only witness i.e. P.W.1, Mr. Mukund, in his evidence, Exh.7, deposed
altogether different facts from the contents of First Information Report and
other material produced. He narrated only in respect of one of the accused
Mr. Isaki Nadar, and deposed that after receiving information about the
SIM cards he reported about it to his senior and raided premises of said
accused, seized SIM cards and other documents from there. This evidence
is deviating from the main allegations and it also constitutes no offence as
alleged, even if it is accepted by accused persons as it is. These facts
deposed create doubt about the very prosecution case.
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9. Thus, neither on the basis of material produced nor on the basis of
evidence produced in the court during trial accused can be held guilty.
Therefore, I recorded my findings on the only point framed in the negative
and passing following order -
ORDER
A. Accused persons Mr. Isakivelu Pechimuttu Nadar, Mr. Isaki
Arunachalam Nadar and Mr. Isaki Muttu Nadar, are acquitted vide Section
248(1) of Code of Criminal Procedure, of offence punishable under
Section 420 r/w.34 of Indian Penal Code.
B. Their bail bonds stands canceled.
C. Accused persons shall furnish bail bonds as per Section 437-A of
Code of Criminal Procedure.
MUMBAI (KOMALSING RAJPUT)
DATE – 19.09.2024 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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I affirm that the contents of this PDF file judgment are same word for
ward as per original judgment.
Court Name : Komalsing Rajput
Name of Steno : S. R. Parab
Date : 19.09.2024
Signed by P.O. on : 19.09.2024
Uploaded on : 23.09.2024
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