Final Order 1

Order Details: Copy of Judgment
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
71st COURT, BANDRA, MUMBAI.
C. C. NO.3343/PS/2024
LAC/C. R. No.716/2024 of Vakola P. Stn.
In police report the name of accused has been shown as Dilip
Mohanlal Gupta and in police diary dated 30/05/2024 it has been
mentioned that, at the time of taking action accused told his name, as
Dilip Mohanlal Gupta but his real name is Pradeep Mohanlal Gupta. But
accused present before the court stated that, police have taken action
against him and at the relevant time he drove the motor cycle by
consuming the liquor. On the receipt bearing Sr. No. 03171222 the
name of accused mentioned as Dilip Mohan Gupta. Accused himself
admitted that, he at the relevant time drove the motorcycle by
consuming the liquor therefore, I proceed to record his plea.
1. Name of Accused :- Dilip Mohanlal Gupta.
2. Offence complained :- P.U.S. 185 of M.V. Act.
3. Particulars of Offence :- That on 30/05/2024, at about
hours, on within jurisdiction of Vakola police station, you
accused was driving vehicle under influence of alcohol and
thereby committed an offence punishable U/Sec. 185 of M. V.
Act and within my cognizance.
Plea of Accused :
Q.1: Have you received copy of Charge-sheet ?
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.
Date :30/05/2024.
-- 1 of 2 --
... 2 ...
JUDGMENT
1. The accused is alleged to have committed offence PUS. 185
of M. V. Act. 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. A.P.P. 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 P.U.S. 185 of M. V. Act and is sentenced
to pay fine of R.3,500/- (Three Thousand and Five
Hundred only) 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 :30/05/2024.
Sd/-
(A. B. Jadhav)
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
-- 2 of 2 --