Final Order 1

Order Details: Copy of Judgment
Pdf Text: THE COURT OF METROPOLITAN MAGISTRATE
12TH COURT, BANDRA, MUMBAI.
C.C. No.1083/PS/2020
PARTICULARS
1 Date of Commission of offence : 24.04.2020
2 Name of the complainant : The State, (Dharavi Police Station)
3 Name, age, address of accused : 1. Mohd. Umar Haji Usmangani
Ansari,
2. Mohd. Sakir Haji Usmangani
Ansari,
Both Res. at : Room No.B/2, 66,
Indra Qureshi Nagar, in lane in
front of Ujwala Medical, Gopinath
Colony No.1, Dharavi, Mumbai.
4 Particulars of offence : U/Sec.186, 269, 270 r/w 34 of IPC.
That, on 24.04.2020 within the jurisdiction of Dharavi Police Station,
you both accused in furtherance of your common intention voluntarily
obstructed police squad, a public servant in the discharge of thier public
functions and negligently and malignantly did an act by standing on public
road and did not wear mask without any valid reason likely to spread
infection of coronavirus disease dangerous to life and thereby committed
an offence punishable U/Sec.186, 269, 270 r/w 34 of IPC.
And I hereby direct that, you be tried by the said Court on the said
charge.
Mumbai, dated, 21st December, 2020.
(Jaydeo Y. Ghule)
Metropolitan Magistrate,
12th 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 no.1
Signature of Accused no.2
JUDGMENT ON ADMISSION
(Delivered on 21st day of December, 2020)
1. Today, accused no.1. Mohd. Umar Haji Usmangani Ansari and 2.
Mohd. Sakir Haji Usmangani Ansari are produced before Court by
Dharavi Police Station along with 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.186, 269,
270 r/w 34 of IPC.
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 person and earning member of their family. They prayed for
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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.1. Mohd. Umar Haji Usmangani Ansari and 2. Mohd.
Sakir Haji Usmangani Ansari are convicted vide section 252 of The
Criminal Procedure Code for the offence punishable U/Sec.186 of
IPC. They are sentenced to suffer Simple Imprisonment till rising of
the Court, and to pay fine of Rs.300/ (Rupees Three Hundred
only) each. In default they are sentenced to suffer Simple
Imprisonment of 03 (Three) days each.
2. 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 they are sentenced
to suffer Simple Imprisonment of 15 (Fifteen) days each.
3. Accused are convicted vide section 252 of Cr.P.C. for the offence
punishable U/Sec.270 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.
4. The copy of the Judgment be given to the accused free of cost.
(Judgment is pronounced in open court.)
Date : 21.12.2020 (Jaydeo Y. Ghule)
Metropolitan Magistrate,
12th Court, Bandra, Mumbai.
srp
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