Final Order 1

Order Details: Copy of Judgment
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
71st COURT, BANDRA, MUMBAI.
C. C. NO.2659/PS/2023
C. R. No. 364/2023 of Vakola P. Stn.
1. Name of Accused : Rakesh Premkumar Bharati.
2. Offence complained : P.U.S. 285 of I.P.C.
3. Particulars of Offence : That in between 23/06/2023,
at about 11.30 hours, Jama Masjid, Kalina, Santacruz (E),
Mumbai, you accused was found with coocking foods on fire or
any combustible matter, so rashly or negligently as to endanger
human life, or to be likely to cause hurt or injury to any other
person, or knowingly or negligently omits to take such order
with any fire or any combustible matter in his possession as is
sufficient to guard against any probable danger to human life
from such fire or combustible matter and thereby committed an
offence punishable under section 285 of I.P.C. and within my
cognizance.
Plea of Accused :
Q.1: Have you received copy of Chargesheet ?
Ans: Yes.
Q.2: Have you heard & understood the Charge now read over &
explained to you ?
Ans : Yes.
Q.3: Do you plea guilty ?
Ans : Yes.
Signature of Accused.
Before me,
Sd/
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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JUDGMENT
1. The accused is alleged to have committed offence PUS. 285 of
I.P.C. The accused has pleaded guilty voluntarily when the
consequences of pleading guilty were explained to him. Thus, the
accused will have to be convicted.
2. The Ld. APP argued for maximum punishment. However, there is
no evidence of the previous conviction of the accused under the said
Sections available on record.
3. Heard the accused on the point of sentence. He stated that he is
only earning member in his family. His economic condition is not
sound. His family is totally dependent on him. He further stated that it
is his first offence and he assured that he will not commit any offence in
future.
4. Considering the plea of the accused, following order is passed.
ORDER
1) The accused is hereby convicted under Sec. 252 for the
offence PUS. 285 of Indian Penal Code and is sentenced to
pay fine of R.1,000/ ( One Thousand) and in default of
payment of fine the accused is sentenced to suffer Simple
Imprisonment for Five (05) days.
2) Seized property if any be returned to its lawful owner, as per
rule.
3) Proceeding closed. Case papers be filed.
Place : Mumbai.
Date : 24/07/2023.
SRD.
Sd/
(A. B. Jadhav)
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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