Final Order 1

Order Details: Copy of Judgment
Pdf Text: – 1 – Cri. Case. No.3310/PS/2019
State V/s. Chitralekha Bhatia (Judgment)
Received on: 25.11.2019
Registered on: 25.11.2019
Decided on: 26.10.2021
Duration: 01 Y. 11 M. 01 D.
IN THE COURT OF ADDL .CHIEF METROPOLITAN MAGISTRATE,
09TH COURT, BANDRA, MUMBAI.
(Presided over by Prashant. H. Kharwade)
Judgment Under Section 355 of
The Code of Criminal Procedure
CNR No.MHMM180096882019
Exh.
a] The serial number of the
case
: C.C.No.3310/PS/2019
b] The date of the
commission of the offence
: 08.08.2019
c] The name of the
complainant (if any)
: The State of Maharashtra,
through Senior Police Inspector
Khar Police Station, Mumbai
d] The name of the accused
person and his parentage
and residence
Chitralekha Hari Bhatia
Age49 Yrs.
Occupation Interior Designer
R/o. Block No.5, Ground Floor, Vidya
Vinay Vivek Society, 185, S.V. Road,
VileParle(W), Mumbai
e] The offence complained of
or proved.
: The offence punishable under sections
279 and 337 of Indian Penal Code
read with section 134(a)(b) of the
Motor Vehicle Act.
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– 2 – Cri. Case. No.3310/PS/2019
State V/s. Chitralekha Bhatia (Judgment)
f] The plea of the accused
and his examination (if
any)
: The accused pleaded not guilty.
g] The final order : The accused is acquitted as per final
order.
h] Date of the Order 26.10.2021
............................................................................................................
Appearance : Learned APP Smt. Pakzade for the State
Smt.Sonali Kochar learned Advocate for the
accused.
.............................................................................................................
J U D G M E N T
(Delivered on this 26th day of October, 2021)
In this case the accused is facing trial for the offence
punishable under sections 279 and 337 of the Indian Penal Code r.w.
section 134(a)(b) of Motor Vehicle Act.
2. It is the case of the prosecution that on08/08/2019 at
12.45 a.m. in front of Khatawari Darbar, Khar(W), Mumbai, the accused
has driven her car rashly and negligently on public road and caused
hurt to informant Jafarulla Zaur Abbas Khan (P.W.1) by giving dash to
his motorcycle.
3. In order to bring home guilt of the accused the prosecution
examined P.W.1 Jafarulla Zaur Abbas Khan at Exh.6.
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– 3 – Cri. Case. No.3310/PS/2019
State V/s. Chitralekha Bhatia (Judgment)
4. As per the testimony of P.W. 1 Jafarulla,on the day of
incident he was proceeding in front of Khatawari Darbar, Road No.13 in
Khar(W) area on his two wheeler vehicle namely Suzuki Access 125
bearing No.MH02FF3614. At that time one car gave him dash and
therefore, he became unconscious. It is to be noted that he did not
depose anything against the accused to prove her presence on the spot.
He did not depose anything regarding driving her car by the accused
rashly or negligently. No evidence is adduced by the prosecution to
prove rash and negligent driving by the accused or causing hurt to
informant by said act in order to prove ingredient of offence punishable
under section 279 and 337 of Indian Penal Code and section 134 of
Motor Vehicle Act. Prosecution thus failed to prove guilt of the accused
beyond reasonable doubt. Hence, accused isentitled for acquittal.
Hence, I proceed to pass the following order.
O R D E R
 The accused Chitralekha Hari Bhatia is acquitted of the
offence punishable under sections 279 and 337 of the
Indian Penal Code r.w. section 134(a)(b) of the Motor
Vehicle Act vide section 255(1) of the Code of Criminal
Procedure, 1973.
 She be set at liberty.
 Earlier bail bonds of the accused shall stand continued
under Section 437A of the Code of Criminal Procedure,
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– 4 – Cri. Case. No.3310/PS/2019
State V/s. Chitralekha Bhatia (Judgment)
1973 on furnishing fresh P.R bond of Rs. 15000/.
 Judgment is dictated and pronounced in the open Court.
Sd/
( Prashant.H. Kharwade )
Addl. Chief Metropolitan Magistrate,
Date : 26.10.2021 09 th Court, Bandra, Mumbai.
Judgment Dictated on : 26.10.2021
Judgment Transcribed on : 26.10.2021
vnh. Judgment Signed on : 26.10.2021
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