Final Order 1

Order Details: Copy of Judgment
Pdf Text: 1 Case No. 3167/PS/2022
MHMM180055922022 Instituted on : 21/06/2022
Registered on : 21/06/2022
Decided on : 19/09/2025
Duration : Y M D
03 02 28
“Part-A”
In the Court of Addl. Chief Judicial Magistrate,
09 Court, Bandra, Mumbai
Presided over by Shri. V. U. Misal
Date of the Judgment : 19/09/2025
C.C. No. 3167/PS/2022 Exh.
Prosecution State of Maharashtra
Khar Police Station, Mumbai
Represented By Ld. APP Shri. Kishor Patil for the State
Accused Karan Shivdas Kargutkar, Age : 34 years
R/o. R.No.518, Ram Mandir Road, Khardanda,
Khar (W), Mumbai.
Represented By Adv. Shri. Ravish Zamindar for the accused
--Part “B”--
Date of offence 09/09/2021
Date of FIR 09/09/2021
Date of Charge-Sheet/Complaint 21/06/2022
Date of Framing Charge/Particulars 21/06/2022
Date of Commencement of Evidence 17/10/2023
Date on which judgment is reserved 19/09/2025
Date of Judgment 19/09/2025
Date of Sentencing Order, if any -------
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2 Case No. 3167/PS/2022
--Accused Details--
Ran
k
of
the
Accu
sed
Name of
Accused
Date
of
Arre
st
Date
of
Relea
sed
on
Bail
Offence
Charged
with
Whether
Acquitte
d or
Convicte
d
Sentence
imposed
Period of
Detention
on under-
gone
during Trail
for purpose
of Section
428 Cr.P.C
1. Karan
Shivdas
Kargutkar
09/09
/2021
09/09/
2021
U/s. 85 of
the
Maharashtra
Prohibition
Act
Acquitted ---- ----
--Part “C”--
LIST OF PROSECUTION/DEFENCE/COURT WITNESSES
A – Prosecution/Complainant : -
Rank Name Exhibits Nature of Evidence
P.W. No.1 Shankar Umaji Jathar Exh.-03 Informant
P.W. No.2 Tanaji Babaruwan Kolte Exh.5 Investigating Officer
B – Defence Witnesses, if any :
Rank Name Nature of Evidence
(Eye Witness, police Witness,
expert witness, medical witness,
panch witness, other witness)
---- ---- ----
C – Court Witnesses, if any :
Rank Name Nature of Evidence
(Eye Witness, police
Witness, expert
witness, medical
witness, panch
witness, other witness)
---- ---- ----
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3 Case No. 3167/PS/2022
LIST OF PROSECUTION / DEFENCE / COURT EXHIBITS :-
A. Prosecution :-
Sr.
No.
Exhibit Number Description
1. Exh.04 F.I.R.
2. Exh.06 Spot Panchanama
B. Defence :-
Sr. No. Exhibit Number Description
---- ---- ----
C. Court Exhibits :-
Sr. No. Exhibit Number Description
---- ---- ----
D. Material Objects :-
Sr. No. Material Object
No.
Description
---- ---- ----
JUDGMENT
(Delivered on this 19th day of September 2025)
The accused is charge-sheeted for offence punishable
under section 85 of the Maharashtra Prohibition Act.
2. It is the case of prosecution that the informant viz.
Shankar Umaji Jathar is police constable and on duty at Khar Police
Station. He was on patrolling duty along-with PSI Kolthe, API
Gharate and Police Naik at about 00.10 hours of 09/09/2021.
During patrolling they found that one person was shouting loudly
and misbehaving disorderly under the influence of liquor at Masali
Maidan, near sea shore, Khar (W), Mumbai. They asked him to
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4 Case No. 3167/PS/2022
behave properly. But he was not in a condition to listen. On the
instructions of PI Patil, they brought the accused at the police station.
He lodged its report.
3. The police station officer had registered an offence vide
C.R.No.18/2021 against the accused and handed over its
investigation to PSI Tanaji Kolthe. He effected search panchanama
and recorded witness's statements. He submitted charge-sheet
against the accused after receipt of CA report and medical report of
the accused.
4. My Ld. Predecessor had framed charge vide Exh.02 on
21/06/2022 against the accused. Its contents were read over and
explained to him in vernacular to which he pleaded not guilty and
claimed to be tried. His defence is of total denial.
5. The points for determination alongwith my findings
with reasons thereon are as under :-
Sr
No
Points Finding
1. Does the prosecution prove that on
09/09/2021 at about 01.00 hours at Masali
Maidan, Near Sea Shore, Khar (W),
Mumbai, the accused misbehaved
disorderly under the influence of liquor in
public place ?
In the Negative
2. What order ? As per Final Order
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5 Case No. 3167/PS/2022
R E A S O N S
As to points no.1 :-
6. In order to prove the guilt of accused, the prosecution
has examined the informant at Exh.03 and Tanaji Babruwan Kolte
(P.W.2) at Exh.5. The First Information Report is at Exh.4 and spot
panchanama is at Exh.6.
7. It is the evidence of the informant that he was on
patrolling duty on 08/09/2021 with other police officials. During
patrolling they found that one person at Masali Maidan, Khardanda
creating nuisance by shouting loudly and misbehaving disorderly
under the influence of liquor. They asked the accused not to create
nuisance, but he refused to listen. They brought the accused to
police station. He lodged its report. He has admitted that they had
taken entry about their patrolling, but the papers of station diary are
not filed on record.
8. PSI Kolte (P.W.3) deposed that on the report of informant
Shankar Jathar he registered at Exh.4. During investigation he
arrested accused and sent him for medical examination. He went to
the spot of incident and prepared spot panchanama before panch
witnesses at Exh.6. Thereafter, he filed charge-sheet against the
accused. In his cross examination he admitted that on the spot of
incident there was mob and he also admitted that he had not
recorded witness statement of any person from that mob. He had not
annexed breathing analysis report of the accused along-with charge-
sheet.
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6 Case No. 3167/PS/2022
9. The prosecution has to prove that the accused was under
the influence of liquor and behaving disorderly at the public place.
There is nothing on record to prove that the accused was under the
influence of liquor at the relevant time except the oral evidence of the
witnesses. Breathing analysis report is not produced on record and
its Chemical Analysis report is also not produced on record by the
prosecution. The prosecution evidence is insufficient to prove that
the accused was behaving disorderly under the influence of liquor at
the public place. Hence, I answer point no.1 in the native and in the
answer to point no.2, I pass following order :-
O R D E R
1. The accused is hereby acquitted of the offence punishable
under sections 85 of the Maharashtra Prohibition Act vide
section 255 (1) of the Code of Criminal Procedure, 1973.
2. His bail bonds shall stand cancelled.
3. The accused is directed to furnish fresh bail under section
437-A of the Code of Criminal Procedure, 1973.
(Judgment is dictated and pronounced in the open Court.)
(V. U. Misal )
Addl. Chief Judicial Magistrate,
Date : 19/09/2025. 09th Court, Bandra, Mumbai.
Judgment Dictated on :- 19/09/2025
Judgment Transcribed on :- 19/09/2025
Judgment Signed on :- 19/09/2025
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