Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF THE ADDL.CHIEF METROPOLITAN MAGISTRATE
9TH COURT, BANDRA, MUMBAI.
a] The Sr. No. of the case : 3201/PS/2019
b] The date of the commission of offence : 13.10.2019
c] The name of the complainant, if any : The State (Khar Police Station C
R. No.635/2019)
d] The name of the accused person
his parentage and residence
: Rohan Sharad Malusare
Age : 30 Yrs, Occ : Architect
R/o–R. No. 705, Plot No. 97, Royal
Building, Gorai2, Borivali West,
Mumbai.
e] The offence complained of or proved : U/Secs. 279, 336 of IPC r/w 184,
129/177 of M. V. Act.
Particulars of offence :
That you accused on 13.10.2019 at about 21.10 hours in the jurisdiction of Khar
Police Station at opposite Shankar Mandir Gate, Near Fish Market, Dandekar Buva Chowk,
Khardanda, Khar (W), Mumbai drove Royal Enfield Bullet motorcycle bearing No. MH02
DP1242 in your possession on above said public way in so rash and negligent manner as to
endanger human life or likely to cause hurt or injury to any other person and thereby
committed an offence punishable U/Sec.279 of IPC within my cognizance.
Secondly, you accused on above said date, time and place by driving the
motorcycle in your possession acted so rashly and negligently as to endanger human life or
the personal safety of others and yourself and thereby committed an offence punishable
U/Sec.336 of IPC within my cognizance.
Thirdly, you accused on the above said date, time and place drove Motorcycle
bearing No. MH02DP1242 in your possession at a speed which is dangerous to the public
and thereby committed an offence punishable U/Sec.184 of the Motor Vehicles Act and
within my cognizance.
Fourthly : you accused on the above said date, time and place drove Motorcycle
not wore Helmet while driving the said vehicle and contravene the provision of section and
thereby committed an offence punishable U/Sec.129/177 of Motor Vehicle Act and within
my cognizance.
Mumbai dated this 6th day of November, 2019.
(S. K. MUNGILWAR)
Addl. Chief Metropolitan Magistrate,
9th Court, Bandra, Mumbai
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Plea of the accused :
Q.1 Have you received the copies of the police papers ?
Ans Yes.
Q.2 Have you heard and understood the charge now read over and explained to
you ?
Ans Yes.
Q.3 : Do you plead guilty to the charge ?
Ans Yes.
(S. K. MUNGILWAR )
Signature of accused ACMM, 9th Court, Bandra, Mumbai.
ORDER
Accused voluntarily pleaded guilty to the offence with which he has been charged
and requested for leniency. He has also submitted a written application pleading guilty to
the charge. His plea being voluntarily one, I accept the same and convict him for the
offence with which he has been charged. Considering the nature of the offence, I pass
following order :
ORDER
The accused Rohan Sharad Malusare is convicted U/Sec.252 of Cr.P.C. for the
offence punishable U/Sec.279 of IPC and sentenced to suffer S.I. till rising of the Court and
to pay a fine of Rs.1,000/ (Rupees One Thousand only) in default of payment of fine the
accused to suffer S.I. for 10 days.
The accused is further convicted U/Sec.252 of Cr.P.C. for the offence punishable
U/Sec.336 of IPC and sentenced to suffer S.I. till rising of the Court and to pay a fine of
Rs.250/ (Rupees Two Hundred Fifty only), in default of payment of fine the accused to
suffer S.I. for 2 days.
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The accused is further convicted U/Sec.252 of Cr.P.C. for the offence punishable
U/Sec.184 of M.V. Act and sentenced to suffer S.I. till rising of the Court and to pay a fine
of Rs.1,000/ (Rupees One Thousand only), in default of payment of fine the accused to
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suffer S.I. for 10 days.
The accused is further convicted U/Sec.252 of Cr.P.C. for the offence punishable
U/Sec.129/177 of M.V. Act and sentenced to suffer S.I. till rising of the Court and to pay a
fine of Rs.100/ (Rupees One Hundred only), in default of payment of fine the accused to
suffer S.I. for 2 days.
Seized property be returned to its owner.
Copy of the order be given to the accused free of cost.
( S. K. MUNGILWAR )
Addl. Chief Metropolitan Magistrate,
9th Court, Bandra, Mumbai
Dt.06.11.2019
kkg
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