Final Order 1

Order Details: Copy of Judgment
Pdf Text: IN THE COURT OF METROPOLITAN/JUDICIAL MAGISTRATE,
(FIRST CLASS), 71st COURT, BANDRA, MUMBAI.
CNR NO.MHMM18-008890-2022 C. C. NO.5395/PS/2022
LAC/C. R. No. 991/2022 of
Santacruz P. Stn.
1. Name of Accused :- Noorjahan Abdul Kadar Warekar.
2. Offence complained :- P.U.S. 3 of Maharashtra Prohibition of
Defacement of Property Act 1995.
3. Particulars of Offence :- That, at about 06/07/2022, in between
15.33 to 16.00 hours, On electric pole opposite Dwarka Co.
Operative Housing Society, Linking Road Junction, Santacruz (W),
Mumbai, you accused were put banner and thereby defaces above
mentioned place open to public view and thereby committed an
offence punishable under section 3 of Maharashtra Prohibition of
Defacement of Property Act 1995 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/Judicial Magistrate,
(First Class) 71st Court, Bandra, Mumbai.
Date : 16/12/2024
JUDGMENT
1. The accused is alleged to have committed offences punishable
under section3 of Maharashtra Prohibition of Defacement of Property Act
1995. The accused has pleaded guilty voluntarily, when the consequences
of pleading guilty were explained to her. Thus, the accused will have to be
convicted.
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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. She stated that,
she is only earning member in her family. Her economic condition is not
sound. Her family is totally dependent on her. She further stated that, it is
her first offence and she assured that, she 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 The
Code of Criminal Procedure for the offence P.U.S. 3 of
Maharashtra Prohibition of Defacement of Property Act
1995 and is sentenced to pay fine of R.2,000/- (Two
Thousand) and in default of payment of fine the accused
is sentenced to suffer Simple Imprisonment for Five (02)
days.
2) Seized property if any be returned to it’s lawful owner, as
per rule.
3) Proceeding closed. Case papers be filed.
Place : Mumbai.
Date : 16/12/2024.
SRD.
Sd/-
(A. B. Jadhav)
Metropolitan/Judicial Magistrate,
(First Class) 71st Court, Bandra, Mumbai.
Date : 02/08/2024
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