Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment ..1.. C.C. No.1376/PW/2018
Exh.
Received on : 24.09.2018
Decided on : 08.03.2019
Duration : 00 05 11
Y M D
CNR MHMM180096862018
IN THE COURT OF THE ADDL.CHIEF METROPOITAN MAGISTRATE,
9TH COURT, BANDRA, MUMBAI
JUDGMENT U/SEC. 355 OF THE CR. P. C.
(a) Serial number of the case : 1376/PW/2018
(b) Date of commission of the offence. : 25.10.2018
(c) Name of the complainant, if any, : The State (Khar Police
Station, C.R.No.42/2018)
(d) Name of the accused person, his
parentage and residence
: Melem Malemnaganba
Meitei, 22 yrs. Occ : Service,
R/o. Army Sports Institute,
Ghopwadi, Near New
Passport Office, Pune.
(e) Offence complained of or proved. : U/Sections 509 and 507 of
IPC and 66 , 66 (e) of
Information Technology Act
(f) Plea of the accused person and
his examination, if any
: Accused pleaded not guilty.
(g) Final order : Accused is acquitted.
(h) Date of order : 08/03/2019
ADVOCATES:
For the State : Smt. M. F. Pakajade, A.P. P.
For accused : Shri Gupta
-- 1 of 3 --
Judgment ..2.. C.C. No.1376/PW/2018
J U D G M E N T
(Delivered on this day 8th day of March, 2019)
1. Accused are prosecuted for the offences punishable U/Secs.
509 and 507 of IPC and 66 , 66 (e) of Information Technology Act.
2. In support of it's case, prosecution has examined sole witness
informant by name Shan Ashok Luram (P.W.1) at Exh.7 and also relied
on report lodged by her at Exh.8.
3. I have heard both sides at length. Now, I appreciate oral and
documentary evidence available on record.
4. From the evidence of informant Shan (P.W.1) it appears that
due to misunderstanding she lodged FIR against the accused as per Exh.
8. She thought that accused did viral her video on social media,
therefore, matter was reported to police. Now, the matter is settled
between informant and accused outside the court, therefore, she does
not want to proceed with the case. In the entire evidence, informant
has not uttered a single word about insult and criminal intimidation by
anonymous communication caused by the accused. Hence, the
accused is entitled for acquittal for want of requisite evidence. With
this, I proceed to pass following order :
ORDER
i] Accused Melem Malemnaganba Meitei is acquitted of the
offences punishable U/Secs. 509 and 507 of IPC and 66 , 66 (e) of
Information Technology Act as per section 248(1) of the Cr.P.C.
ii] Bail bonds of the accused are cancelled.
iii] The accused shall submit fresh bail bonds as per Sec.437 (A) of
-- 2 of 3 --
Judgment ..3.. C.C. No.1376/PW/2018
Cr. P. C.
iv] Seized property i.e. mobile, if not returned, be returned to the
accused on deleting all photographs of the informant, after the appeal
period is over.
v] Pronounced in open court.
Sd/
(S. K. Mungilwar)
Addl.Chief Metropolitan Magistrate,
9th Court, Bandra, Mumbai
Dictated on : 08.03.2019
Transcribed on : 08.03.2019
Signed on : 08.03.2019
lsb/
-- 3 of 3 --