Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 5289 PS 2022 State Vs Kishor
Dharavi P.S., Spl. L.A.C. No. 1123/2022
CNR-MHMM18-008635-2022
ORDER BELOW EXH.1
1. Accused produced with charge-sheet/final report of investigation at
01.45 p.m. No complaint of ill-treatment at the hands of police. He is taken in
M.C.R. till 21.09.2022.
2. Prima facie case made out. Cognizance taken of an offence punishable
U/Sec.37(1)(a) r/w.135 of Maharashtra Police Act.
3. Accused pleaded guilty to the offence. Consequences pertaining to
punishment made him understand. Despite that he pleaded guilty to the
offence. It is submitted that he is poor and illiterate person. His conduct is not
willful. Further, he is ready to remain abide by the condition and will not
commit such act again. Therefore, leniency shall be shown to him while
awarding punishment.
4. Accused is very poor, his conduct seems to be not deliberate. Further,
he is ready to remain abide by the condition. Considering the nature of
offence and all these facts came on record one chance needs to be granted to
him. The minimum punishment provided for the offence is imprisonment of
any description, not less than four months and fine. But for the reasons
recorded it can be minimized further. Considering the grounds pleaded for
leniency and facts discussed in this paragraph the minimum punishment needs
to be granted and I am of the opinion that mere admonition will serve the
cause of justice. Accordingly, order -
ORDER
a. Accused is convicted under Section 252 of Code of Criminal
Procedure, for an offence punishable U/Sec.37(1)(a) r/w.135 of Maharashtra
Police Act, and released on admonition that he shall not commit such act
again.
b. Accused shall furnish undertaking to that effect.
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C. C. No. 5289 PS 2022 State Vs Kishor
Dharavi P.S., Spl. L.A.C. No. 1123/2022
CNR-MHMM18-008635-2022
c. Copy of this order shall be given free of cost to accused
MUMBAI (KOMALSING RAJPUT)
DATE – 14.09.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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