Final Order 1

Order Details: Copy of Judgment
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
71st COURT, BANDRA, MUMBAI.
C. C. NO. 4828/PS/2023
LAC/C. R. No. 6328/2023 of Santacruz P. Stn.
1. Name of Accused :- Shambhu Umesh Mallah.
2. Offence complained :- P.U.S.33 (W) r/w 131 of B. P. Act.
3. Particulars of Offence :- That on 03/10/2023, at about
Hours, within jurisdiction of Santacruz police station, you
accused was disobeying rules and order for licensing or
controlling authoriy and thereby committed an offence
punishable U/Sec. 33 (W) r/w 131 of B. P. 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.
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Signature of Accused
Before me,
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
Date : 07/11/2023.
JUDGMENT
1. The accused is alleged to have committed offence PUS. 33
(W) r/w 131 of B. P. 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.
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2. The Ld. APP 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 of Cr. P. C.
for the offence punishable U/Sec. 33 (W) r/w 131 of B. P.
Act and sentenced to pay fine of R.5,000/- (Five Thousand)
and in default of payment of fine accused is sentenced to
suffer Simple Imprisonment of 01 (One) Month.
2) Seized property, if any, be returned to its lawful owner, as
per rules.
3) Proceeding closed. Case papers be filed.
(Judgment is pronounced in open court)
Place : Mumbai.
Date : 07/11/2023.
SRD.
Sd/-
(A. B. Jadhav)
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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