Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 2784 PS 2021 State Vs Ezaz
Dharavi P.S., Spl. L.A.C. No. 137/2021
CNR-MHMM18-004291-2021
ORDER BELOW EXH.1
1. Accused produced with charge-sheet/final report of investigation at
01.45 p.m. No complaint of ill-treatment at the hands of police. Taken in
M.C.R. till 16.09.2021.
2. Prima facie case made out. Cognizance taken of an offence punishable
U/Sec.122(e) of Maharashtra Police Act.
3. Accused pleaded guilty to the offence. Consequences pertaining to
punishment made him understand. Despite that he pleaded guilty to the
offence. It is submitted that he is poor and illiterate person. His conduct is not
willful. Further, he is ready to remain abide by the condition and will not
commit such act again. Therefore, leniency shall be shown to him while
awarding punishment.
4. Accused is very poor and homeless, his conduct seems to be not
deliberate. Further, he is ready to remain abide by the condition. Considering
the nature of offence and all these facts came on record one chance needs to
be granted to him. The minimum punishment provided for the offence is
imprisonment of any description, not less than four months and fine. But for
the reasons recorded it can be minimized further. Considering the grounds
pleaded for leniency and facts discussed in this paragraph the minimum
punishment needs to be granted and I am of the opinion that mere admonition
will serve the cause of justice. Accordingly, order -
ORDER
a. Accused is convicted under Section 252 of Code of Criminal
Procedure, for an offence punishable U/Sec.122(e) of Maharashtra Police Act,
and released on admonition that he shall not commit such act again.
b. Accused shall furnish undertaking to that effect.
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C. C. No. 2784 PS 2021 State Vs Ezaz
Dharavi P.S., Spl. L.A.C. No. 137/2021
CNR-MHMM18-004291-2021
c. Copy of this order shall be given free of cost to accused
Sd/-
MUMBAI (KOMALSING RAJPUT)
DATE – 09.09.2021 M.M., 12TH COURT, BANDRA, MUMBAI
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