Interim Order 1

Order Details: Copy of Judgment
Pdf Text: IN THE COURT OF METROPOLITAN/JUDICIAL MAGISTRATE,
(FIRST CLASS), 71st COURT, BANDRA, MUMBAI.
CNR NO.MHMM18-013888-2024 C. C. NO.6665/PS/2024
LAC/C. R. No. 1431/2024 of
Santacruz P. Stn.
1. Name of Accused :- No.4 Azimuddin Kabiruddin Sayyed
2. Offence complained :- P.U.S. 281, 125 of B.N.S. of 2023.
3. Particulars of Offence :- That, at about 14/12/2024, at about
23.30 hours, Santacruz Railway Station Road, Near police chowki,
Santacruz (W), Mumbai, you accused No.4 were found driving
vehicle i.e. motor vehicle bearing registration No.MH-02-EF-5239,
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 281 of B.N.S. of 2023 and within
my cognizance.
Secondly, That, you accused No.4 on above date, time and place
drove above mentioned vehicle, as to endanger human life and
thereby committed an offence punishable under section 125 of
B.N.S of 2023 and within my cognizance.
Plea of Accused No.4:
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
No.4.
Before me,
Sd/-
Metropolitan/Judicial Magistrate,
(First Class) 71st Court, Bandra, Mumbai.
Date : 20/12/2024
JUDGMENT
1. The accused No.4 is alleged to have committed offences
punishable under sections 281, 125 of The Bharatiya Nyaya Sanhita, 2023.
The accused has pleaded guilty voluntarily, when the consequences of
pleading guilty were explained to him. 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 No.4 under
the said sections available on record.
3. Heard the accused No.4 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, following order is passed.
ORDER
1) The accused No.4 is hereby convicted under Sec. 275 of
The Bharatiya Nagarik Suraksha Sanhita, 2023 for the
offence P.U.S. 281 of The Bharatiya Nyaya Sanhita, 2023
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.4 is hereby convicted under Sec. 275 of
The Bharatiya Nagarik Suraksha Sanhita, 2023 for the
offence P.U.S. 125 of The Bharatiya Nyaya Sanhita, 2023
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.
3) Both sentences to run consecutively.
4) Seized property if any be returned to it’s lawful owne in
respect of accused No.4, as per rule.
5) Case be proceed against other accused No.1, No.2, No.3
and No.5
Place : Mumbai.
Date : 20/12/2024.
SRD.
Sd/-
(A. B. Jadhav)
Metropolitan/Judicial Magistrate,
(First Class) 71st Court, Bandra, Mumbai.
Date : 20/12/2024
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