Interim Order 1

Order Details: Copy of Judgment
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
71st COURT, BANDRA, MUMBAI.
C. C. NO. 5932/PS/2022
C. R. No. 518/2022 of Vakola P. Stn.
1. Name of Accused No.3 :- Santosh Rajaram Shinde.
2. Offence complained :- P.U.S.279, 336 of I.P.C. & Sec. 184
of M.V. Act.
3. Particulars of Offence :- That on 22/05/2022, at about
11.00 hours, Vakola Junction, under Vakola Bridge, Nehru
Road, Vakola, Santacruz (E), Mumbai, you accused were found
driving vehicle i.e. auto rickshaw bearing registration No.MH-
02-DK-7596, so rashly or negligently as to endanger human life
or to be likely to cause hurt or injury to any person and thereby
committed an offence punishable under section 279 of I.P.C.
and within my cognizance.
Secondly, That, you accused No.3 on above date, time and place
drove above mentioned vehicle, as to endanger human life and
thereby committed an offence punishable under section 336
Indian Penal Code and within my cognizance.
Thirdly, on above mentioned date, time and place you accused
No.3, drove your above mentioned vehicle at speed or in manner
which is dangerous to the public or which causes sense of
alarm to other road users and thereby committed an offence
punishable under section 184 of the Motor Vehicles Act and
within my cognizance.
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Plea of Accused No.3:
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 No.3
Before me,
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
JUDGMENT
1. The accused No.3 is alleged to have committed offence
PUS. 279, 336 of I.P.C. and 184 of M. V. Act. The accused has pleaded
guilty voluntarily when the consequences of pleading guilty were
explained to him. Thus, the accused No.3 will have to be convicted.
2. The Ld. APP argued for maximum punishment. However,
there is no evidence of the previous conviction of the accused No.3
under the said sections available on record.
3. Heard the accused No.3 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 No.3, following order is
passed.
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C. C. NO. 5932/PS/2022
C. R. No. 518/2022 of Vakola P. Stn.
ORDER
1) The accused No.3 is hereby convicted under Sec. 252
for the offence PUS. 279 of Indian Penal Code and is
sentenced to pay fine of R.1,000/- (One Thousand)
and in default of payment of fine the accused is
sentenced to suffer Simple Imprisonment for Five
(05) days.
2) The accused No.3 is hereby convicted under Sec. 252
for the offence PUS. 336 of Indian Penal Code and is
sentenced to pay fine of R.250/- (Two Hundred and
Fifty) and in-default of payment of fine the accused is
sentenced to suffer Simple Imprisonment for One
(01) day.
3) The accused No.3 is hereby convicted under Sec. 252
for the offence PUS. 184 of M. V. Act and is sentenced
to pay fine of R.1,000/- (One Thousand) and in-
default of payment of fine the accused is sentenced to
suffer Simple Imprisonment for Five (05) days.
4) All sentences to run consecutively.
5) Seized property in respect o accused No.3 if any be
returned to its lawful owner, as per rule.
6) Case be proceed against accused No.1. Lalji
Ramchandra Bhartiya, No.2 Vijay Harishchandra Lad
and No.4 Sagar Suhas Jadhav.
Place : Mumbai.
Date : 16/10/2023.
SRD.
Sd/-
(A. B. Jadhav)
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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