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.MHMM18-013377-2024 C. C. NO.6346/PS/2024
LAC/C. R. No. 274/2024 of
B.K.C. P. Stn.
1. Name of Accused :- 1 Devraj Siddhu Shetty.
2 Mukesh Laxmanlal Ahari
2. Offence complained :- P.U.S. 285 r/w.s. 34 of I.P.C.
3. Particulars of Offence :- That on 29/03/2024, at about 17.00
hours, within jurisdiction of B.K.C. police station you both accused
in furtherance of your common intention, were found with cooking
foods on fire or any combustible matter, so rashly or negligently as
to endanger human life, or to be likely to cause hurt or injury to any
other person, or knowingly or negligently omits to take such order
with any fire or any combustible matter in your possession as is
sufficient to guard against any probable danger to human life from
such fire or combustible matter and thereby committed an offence
punishable under section 285 r/w.s. 34 of I.P.C. and within my
cognizance.
Plea of Accused No.1 and No.2 :
Q.1: Have you received copy of Charge-sheet ?
Ans: Accused No.1. Yes. Accused No.2. Yes.
Q.2: Have you heard & understood the Charge now read over &
explained to you ?
Ans : Accused No.1. Yes. Accused No.2. Yes.
Q.3: Do you plea guilty ?
Ans: Accused No.1. Yes. Accused No.2. Yes.
Signature of accused Before me,
Sd/-
Metropolitan/Judicial Magistrate,
(First Class) 71st Court, Bandra, Mumbai.
Date : 07/12/2024
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No.1
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No.2
JUDGMENT
1. Both accused are alleged to have committed offences
punishable under sections 285 r/w.s. 34 of I.P.C. Both accused have
pleaded guilty voluntarily, when the consequences of pleading guilty were
explained to them. Thus, both 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 both accused under the
said sections available on record.
3. Heard both accused on the point of sentence. They stated
that, they are only earning members in their family. Their economic
condition is not sound. Their family is totally dependent on them. They
further stated that, it is their first offence and they assured that, they will
not commit any offence in future.
4. Considering the plea of the accused, following order is passed.
ORDER
1) Both accused are hereby convicted under Sec. 252 of Cr. P. C.
for the offence PUS. 285 r/w.s. 34 of Indian Penal Code and are
sentenced to pay fine of R.1,000/- (One Thousand) each and in
default of payment of fine both accused are sentenced to suffer
Simple Imprisonment for Five (05) days each.
2) Seized property if any be returned to its lawful owner, as per
rule.
3) Proceeding closed. Case papers be filed.
Place : Mumbai.
Date : 07/12/2024.
SRD.
Sd/-
(A. B. Jadhav)
Metropolitan/Judicial Magistrate,
(First Class) 71st Court, Bandra, Mumbai.
Date : 07/12/2024
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