Final Order 1

Order Details: Copy  of Judgment
Pdf Text: - 1 - C. C. No. 227 / PS / 2019.
C/S filed on : 08.01.2018.
Decided on : 27.07.2022.
Duration : 04 Y 07M 26 D
Exh. 8.
IN THE COURT OF THE METROPOLITAN MAGISTRATE,
10TH COURT, ANDHERI, MUMBAI.
(PRESIDED OVER BY R. M. SHAIKH)
(a) The serial number of the
case.
: C. C. No. 227 / PS / 2019.
(b) The date of the commission
of the offence.
: On 13.08.2018.
(c) The name of the Informant. : The State (D. N. Nagar Police
Station in C. R. No.358/2018.
(Through Smt. Geeta Raju
Kokane)
(d) The name of the accused
person and his parentage
and residence;
: Rohit Gopalkrushan Modi
Age : 67 years, Occ : Nil
R/at. Andheri, Mumbai.
(e) The offence complained of : Under sections 279, 337 of
the Indian Penal Code r/w
134 (a) (b) of M. V. Act
(f) The plea of the accused and
their examination.
: The accused pleaded not
guilty.
(g) The final order : The accused is acquitted.
(h) The date of such order : 27.07.2022.
(i) Brief statement of reasons : As recorded herein below.
Assistant Public Prosecutor : Mr. Shah.
Advocate for the accused : Mr. Sujay Namey.
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- 2 - C. C. No. 227 / PS / 2019.
JUDGMENT UNDER SECTION 355 OF CR. P. C
1. The accused is facing trial for the offences punishable under
sections 279, 337 of the Indian Penal Code r/w section 134 (a) (b)
of M. V. Act.
2 In order to prove the guilt of the accused, prosecution has
examined only one witness. The evidence of PW1 Mrs. Geeta Raju
Kokane at Exh.4 came to be recorded. As no incriminating
evidence has come on record against the accused, hence, his
statement under section 313 of the Code of Criminal Procedure is
dispensed with. Heard learned APP for the State and the learned
Advocate for the accused.
3 At this stage, PW1 Mrs. Geeta Kokane is the
informant/injured of this case, who has not supported the case of
prosecution. Further informant and accused have filed a
compounding application at Exh.5 mentioning that she has settled
the matter with accused and she has no grievances against
accused. Moreover, the learned APP for State has waived
examination of remaining witnesses in view of settlement between
informant and accused. Hence prosecution failed to prove the
offences charged against the accused beyond all reasonable doubt.
Therefore the accused is entitled to be acquitted. Hence, I proceed
to pass following order: -
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- 3 - C. C. No. 227 / PS / 2019.
O R D E R
i Accused Rohit Gopalkrushan Modi is
acquitted of the offences punishable under sections
279, 337 of the Indian Penal Code r/w section 134
(a) (b) of M.V. Act vide section 248 (1) of the Code
of Criminal Procedure.
ii Bail bonds of the accused persons stand
cancelled.
iii The accused shall furnish bonds of
Rs.10,000/- under section 437(A) of the Code of
Criminal Procedure.
Sd/-
Date: 27.07.2022. (R. M. Shaikh)
Metropolitan Magistrate,
10th Court, Andheri, Mumbai.
ssk.
Dictated on : 27.07.2022.
Transcribed on : 27.07.2022.
Signed on : 27.07.2022.
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