Final Order 1

Order Details: Copy of Judgment
Pdf Text: 1 C. C. No.982/PW/2018
Received on 07.07.2018
Registered on 07.07.2018
Decided on 21.09.2018
Duration 0 Y 2 M 14 D
IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
(PRESIDED OVER BY MR S. N. SHINDE)
(Judgment U/Sec. 355 of the Cr.P.C.)
Exh.P
(A) The Serial No. of the case : 982/PW/2018
(C. R. No. 196/2018)
CNR No. MHMM180076162018
(b) The date of the commission
of the offence
: On 21.06.2018
(c) The Name of the
complainant, if any
: Sanoyar Nurbakta Mallik
(Through state of Nirmal Nagar
P.S.)
(Name of informant was wrongly
mentioned in the FIR and charge
sheet as Tanuhar Noorbox Malle)
(d) The name of the accused, his
parentage and residence
: Umesh Mahesh Shukla
Age – 33 Yrs;
Res – Shukla Chawl, Room No. 5,
Javahar Nagar, Santacruz (E),
Mumbai
(e) The offence complained of or
proved
: Under Section 380 of Indian
Penal Code.
(f) The plea of the accused and
his examination if any
: Recorded on 21.07.2018 at Exh.P
3. Accused pleaded not guilty and
claimed to be tried.
(g) The Final Order : Accused is acquitted.
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2 C. C. No.982/PW/2018
(h) The date of such order : 21.09.2018
J U D G M E N T
(Delivered on 21.09.2018)
Accused charged for the offence punishable under section
380 of Indian Penal Code, on the accusation that, on 21.06.2018 at 6.45
hours, at Shukla Chawl, Room No. 45, Javahar Nagar, Santacruz (E),
Mumbai, committed theft of one MI company mobile phone worth Rs.
7,000/ from the house of informant, used for human dwelling .
2. It is to be noted that the informant has filed application
stating that he has not willing to proceed with the case. Informant also
submitted that he had permanently shifted to Kolkatta and he will not
able to appear before court. However, his application was filed.
Thereafter prosecution failed to proceed further and no steps taken.
Accused being in jail, vide order below Exh1. Evidence was closed.
3. It is should noted that the name of informant is wrongly
mentioned in the FIR and chargesheet as Tanuhar Malley, his actual
name is Sayonar Mallik. His Aadhar card is on record. The signature of
the informant in the FIR and application filed for compounding are the
same. Therefore, the name of informant is found Sayonar Mallik.
4. As such in the absence in evidence on record, there appears
no incriminating circumstances against the accused. Thus, statement of
the accused under section 313 of The Criminal Procedure Code was
dispensedwith. APP absent. Advocate for accused also absent. Hence
judgment followed on merit.
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3 C. C. No.982/PW/2018
5. The informant himself not willing to proceed with the case.
He left the jurisdiction of the court. Prosecution failed to secure his
presence. Thus, there is no evidence to prove alleged offence against
the accused. Therefore, no offence found have been committed by
accused. Muddemal property i.e. one MI company mobile phone was
recovered and handed over to informant. Hence, I record findings
accordingly and passed following order :
ORDER
i) Accused Umesh Mahesh Shukla stands acquitted vide
section 248(1) of Cr.P.C. of the offence punishable under
sections 380 of Indian Penal Code.
ii) Accused is in jail, he be released forthwith, if not
required in other cases.
iii) Bail under section 437 (A) of Cr.P.C. has been complied
with.
iv) Muddemal property i.e. one MI company mobile phone
was already returned to informant. He shall retain the
same.
v) Judgment delivered and pronounced in open court by
dictation.
Sd/
Mumbai,
Date : 21.09.2018
(Sudhir N. Shinde),
Metropolitan Magistrate, 32nd Court,
Bandra, Mumbai.
Dictated on : 21.09.2018
Typed on : 21.09.2018
Signed on : 21.09.2018
Ssl.
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