Final Order 1

Order Details: Copy of Judgment
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
71st COURT, BANDRA, MUMBAI.
C. C. NO.4453/PS/2022
LAC/C. R. No.475/2022 of Santacruz P. Stn.
1. Name of Accused No.1
No.2
:-
:-
Arif Ulhasan Siddhiki.
Mohd. Soheb Abdul Sattar Shaikh.
2. Offence complained :- P.U.S. 188 r/w. 34 of IPC and 33(1),
33(1)(r)(iii)/131 of Maharashtra
Police Act, 1951.
3. Particulars of Offence :- That on 06/05/2022 in between 04.00
to 05.35 hours, at linking road, Muslim Kabrastan Masjid,
Santacruz (w), Mumbai you both accused knowing that by an
order, promulgated by a public servant lawfully empowered to
promulgate the said order whereunder you were directed to
abstain from and that you have thereby committed an offence
punishable U/S. 188 r/w. 34 of IPC and 33(1), 33(1)(r)(iii)/
131 of Maharashtra Police Act, 1951 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.
Signatures of accused Before me,
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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No.1.
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No.2.
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JUDGMENT
1. Both accused are alleged to have committed offence PUS.
188 r/w 34 of Indian Penal Code and 33(1), 33(1)(r)(iii), 131 of
Maharashtra Police Act, 1951. Both accused have pleaded guilty
voluntarily when the consequences of pleading guilty were explained to
them. Thus, both 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 both accused under
the said Sections available on record.
3. Heard both accused on the point of sentence. They stated
that, they are only earning members in their family. Their economic
condition is not sound. Their family is totally dependent on them. They
further stated that it is their first offence and they assured that they will
not commit any offence in the future.
4. Considering the plea of both accused, following order is
passed.
ORDER
1) Both accused No.1 and No.2 are hereby convicted
under Sec.252 for the offence punishable U/S.188
r/w 34 of Indian Penal Code and they sentenced to
pay fine of R.200/- (Two Hundred) each and in
default of payment of fine both accused are
sentenced to suffer Simple Imprisonment of 02
(Two) days each.
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C. C. NO.4453/PS/2022
LAC/C. R. No.475/2022 of Santacruz P. Stn.
2) Both accused No.1 and No.2 are hereby convicted
under Sec.252 for the offence punishable 33(1)/
131 of Maharashtra Police Act, 1951 and they
sentenced to pay fine of R.1,000/- (One Thousnad)
each and in default of payment of fine both accused
are sentenced to suffer Simple Imprisonment of 02
(Two) days each.
3) Both accused No.1 and No.2 are hereby convicted
under Sec.252 for the offence punishable 33(1)(r)
(iii)/131 of Maharashtra Police Act, 1951 and they
sentenced to pay fine of R.1,000/- (One Thousnad)
each and in default of payment of fine both accused
are sentenced to suffer Simple Imprisonment of 02
(Two) days each.
4) All sentences shall run concurrently.
5) Seized property if any be returned to its lawful
owner, as per rule.
6) Proceeding closed. Case papers be filed.
Place : Mumbai.
Date : 23/08/2023.
SRD.
Sd/-
(A. B. Jadhav)
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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