Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment ..1.. C.C. No.949/PW/2018
Exh.
Received on : 27.06.2018
Decided on : 03.07.2018
Duration : 00 00 05
Y M D
IN THE COURT OF THE ADDL.CHIEF METROPOITAN MAGISTRATE,
9TH COURT, BANDRA, MUMBAI
JUDGMENT U/SEC. 355 OF THE CR. P. C.
(a) Serial number of the case : 949/PW/2018
(b) Date of commission of the offence. : 01/04/2013
(c) Name of the complainant, if any, : The State (Mahim Police
Station, C.R.No.59/2018)
(d) Name of the accused person, his
parentage and residence
: Rizwan Rafiq Baig,
Age : 34 yrs, Occ : Business,
R/o : Cadel Road, Mahim,
Mumbai.
(e) Offence complained of or proved. : U/Sections 324, 504, 506 of
IPC
(f) Plea of the accused person and
his examination, if any
: Accused pleaded not guilty.
(g) Final order : Accused is acquitted.
(h) Date of order : 03/07/2018
ADVOCATES:
For the State : Shri. Nerlikar , A.P. P.
For accused : Shri Mungekar
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Judgment ..2.. C.C. No.949/PW/2018
J U D G M E N T
(Delivered on this day 3rd day of July, 2018)
1. Accused prosecuted for the offences punishable U/Secs.324,
504, 506 of IPC.
2. In support of case, prosecution has examined complainant
Javed Mohd. Hussain Shaikh (P.W.1) at Exh.7 as its only witness and
brought on record complaint at Exh.8.
3. I have heard both sides at length. Now, I appreciate oral and
documentary evidence available on record.
4. To bring home the guilt of accused, prosecution has to prove
that, at the time of incident accused voluntarily caused hurt to the
complainant/informant with waist belt, intentionally insulted him by
giving provocation to break public peace and also caused criminal
intimidation to the informant.
5. Javed Mohd. Hussain Shaikh (P.W.1) is the informantvictim
in this case. He has not supported to the prosecution case and resiled
from his statement. During evidence he stated that on the date of
incident there was scuffle with the accused on account of parking, but
he did not sustain any injury. During the crossexamination of this
witness, it has come on record that the parties have settled their
dispute amicably and complainant does not want to proceed with the
matter. Therefore, no evidence came on record to prove the guilt of
accused assaulting and insulting to the complainant.
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Judgment ..3.. C.C. No.949/PW/2018
6. Considering the nature of evidence on record, I am of the
view that, no fruitful purpose would be served by adjouring the matter
for examination of remaining witnesses and it needs to be disposed of at
this stage. Therefore, for want of evidence the accused is entitled for
acquittal by following order :
ORDER
1] Accused Rizwan Rafiq Baig is acquitted of the offence
punishable U/Secs. 324, 504, 506 of IPC as per section 248(1) of the
Cr.P.C.
2] Bail bond of the accused is cancelled.
3] The accused shall submit fresh bail bonds as per Sec.437 (A) of
Cr. P. C.
4] Pronounced in open court.
Sd/
(S. K. MUNGILWAR)
Addl.Chief Metropolitan Magistrate,
9th Court, Bandra, Mumbai
Dictated on : 03.07.2018
Transcribed on : 03.07.2018
Signed on : 03.07.2018
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