Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 Judgment in C. C. No.358/PS/2019
Filed on .. 15.01.2019
Registered on .. 15.01.2019
Delivered on .. 20.09.2025
Duration .. 06Y 08M 15D
CNR No. MHMM-1900-0734-2019
Exh.11
IN THE COURT METROPOLITAN MAGISTRATE,
65th COURT, ANDHERI, MUMBAI.
(Presided over by Hashmi H.A.H.I.)
(Judgment as per Sec. 355 of the Cr.P.C.)
(a) The serial number of the
case;
: C.C. No.358/PS/2019
(b) The date of commission of
offence;
On 15.06.2017
(c) The name of the informant,
if any;
: Through PSO Andheri Police
Station (CR No.329/2017)
(d) The name of the accused
person, his parentage and
residence;
: Rohit Vivekanand Naik -30 yrs
Occupation : working
R/o.: Tulshiram Kumbhar Chawl,
Azad Road, Andheri (E), Mumbai
(e) The offence complained of
or proved;
: U/Sec.279, 338 of the Indian Penal
Code r/w. 134(A)(B) of M.V. Act
(f) The plea of the accused and
his examination, (if any);
: Accused pleaded not guilty
(g) The final order; : Accused is acquitted
(h) The date of such order; : 20.09.2025
Appearance : Ld. APP. Prakash Shejal for the State
Ld. Adv. Shri. Rangnekar for the accused
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2 Judgment in C. C. No.358/PS/2019
JUDGMENT
(Delivered on 20.09.2025)
1. Accused has been charge-sheeted for the offences
punishable U/Sec.279, 338 of the Indian Penal Code r/w. 134(A)(B) of
M.V. Act.
The prosecution case in short is as follows :-
On 15.06.2017 from 7.30 a.m. to 8.30 a.m., in front of
Rustmajee society, service road, Andheri(E), Mumbai, accused drove his
motorcycle bearing No. MH-02-BT-3263 on the public way in a manner
so rash or negligent as to endanger human life or public safety of others.
Accused caused grievous hurt to the informant and ran away from the
spot without providing medical aid to the informant and also giving
information of the said incident to the nearest police station.
Thereafter, informant lodged report against the accused. On the basis of
report Andheri Police station has registered an offence bearing Crime
No.329/2017. During the investigation, the Investigating Officer has
recorded statement of witnesses, prepared spot panchanama as well as
seizure panchanama, seized broken piece of headlight and CD of CCTV
Footage and collected medical certificate from the hospital. After
completion of investigation submitted charge-sheet against the accused.
2. My Predecessor has recorded Plea has been recorded against
the accused vide Exh.2 on dtd.17.02.2020 and it read over and
explained to accused in vernacular, to which he pleaded not guilty and
claimed to be tried. His defence is of total denial and false implication.
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3 Judgment in C. C. No.358/PS/2019
3. Statement of accused U/sec. 313 of Criminal Procedure Code
is recorded vide Exh.10. His defence is total denial and false
implication.
4. Following points arise for my determination and I have
recorded findings thereon for the reasons discussed herein after :-
S.NO. POINTS FINDINGS
1 Does prosecution prove that the accused on
15.06.2017 from 7.30 a.m. to 8.30 a.m. in
front of Rustmajee society, service road,
Andheri(E), Mumbai, accused drove
motorcycle bearing No. MH-02-BT-3263 on the
public way in a manner so rash or negligent as
to endanger human life or public safety of
others and thereby committed the offence
P/U/Sec.279 of the IPC?
...Not
proved
2 Does prosecution prove that on the above date,
time & place, accused caused grievous hurt to
informant so as to endanger human life or the
public safety of others and thereby committed
an offence P/U/Sec.338 of the IPC ?
...Not
proved
3 Does prosecution prove that on the above date,
time & place, accused fled away from the spot
without providing medical aid to the informant
and thereby committed an offence punishable
u/sec. 134(a) of M.V.Act?
...Not
proved
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4 Judgment in C. C. No.358/PS/2019
4 Does prosecution prove that on the above said
date, time & place, accused fled away from the
spot without giving information of said
accident to nearest police station and thereby
committed an offence punishable u/sec.
134(b) of M.V.Act?
..Not
proved
5 What order ? Accused is
acquitted
R E A S O N S
As to points No. 1 to 5 :
5. In order to prove guilt of the accused, the prosecution has
examined only one witness i.e. P.W. No. 1 Ajay Baban Kamble at
Exh.7. Thereafter, the prosecution filed evidence closed pursis,
therefore, evidence of prosecution closed by passing order below Exh.1.
6. P.W. No.1 Ajay Baban Kamble is the investigating officer. In
his examination-in-chief, he has stated that on 15.06.2017 he was
attached to Andheri Police Station as a API. He has registered an offence
bearing C.R. No. 329/2017. The said C.R. was pertaining to accident
took place at Western Express Highway, Andheri. One person viz. Noor
Alam Mohd. Sartaz Shaikh has narrated the incident to him that when
he was proceeding towards the signal, at that time, one person came
from behind him and dashed by his motorcycle. The driver of the
motorcycle had ran away from the spot. He has recorded his statement
as per his contention. FIR is Exh.8 bears his signature as well as thumb
impression of informant Noor Alam. After registration an offence, he has
investigated the said offence. Further, he submitted that, during the
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5 Judgment in C. C. No.358/PS/2019
course of investigation, he went to the spot of accident and prepared
spot panchanama Exh.9. It bears his signature as well as punch
witnesses.
7. Again, this witness has stated that during the course of
investigation, he had collected the information about the driver as well
as motorcycle. It reveals to him that said motorcycle of Honda
Company. He has also collected the information of driver from Honda
Company showroom situated at Parsi Panchayat, Andheri, Mumbai. It
also reveals that the accused caused the accident by his motorcycle. He
also collected the information of motorcycle. At present he doesn’t
recollect the exact number of motorcycle which was driven by the
accused. He has collected relevant documents of motorcycle i.e. Copy of
R.C. Book, copy of PUC, copy of motor driving license, copy of
insurance, copy of photograph of vehicle. He also collected the Medico
Legal certificate at Exh.10. He has recorded statement of witnesses.
After completion of investigation, he has filed charge-sheet against the
accused persons.
8. During the cross-examination conducted by the accused, he
has admitted that, the informant did not furnish the vehicle number of
motor-cycle and he also not obtained thumb impression of informant on
the printed form of FIR. He did not carry out the identification parade of
the accused. He also not recorded the statement of informant’s brother.
He denied all the suggestions put-forth to him.
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6 Judgment in C. C. No.358/PS/2019
9. It is pertinent to note that, the prosecution not examined the
panch witnesses to prove the panchanamas. From the evidence of
prosecution witness no.1, it reveals that the informant did not disclose the
vehicle number of motor-cycle to him. In the evidence of P.W. No.1, the
prosecution has not brought on record the evidence of rash and negligent
driving of the motor-cyclist. The vital witness i.e. the informant has not
been examined by the prosecution due to the report submitted by the
concerned police station on dtd. 15.04.2023. Thus, the prosecution has not
proved the contents of FIR and spot panchanama Exh.9 also not proved by
the prosecution. Considering the evidence of prosecution, I come to the
conclusion that prosecution has not proved the case against the accused
beyond all reasonable doubt, therefore, I answered points No.1 to 4 are
in the negative and for answering point No.5, I pass following order :-
ORDER
1) Accused viz. Rohit Vivekanand Naik is acquitted vide
Section 255(1) of the Cr.P.C. for the offences punishable
U/Sec.279, 338 of the Indian Penal Code r/w. 134(A)(B) of
M.V. Act.
2) Bail bond of accused stands cancelled.
3) Accused is directed to furnish P.B. of Rs.15,000/- for
appearance before the Hon'ble Appellate Court, in case
appeal is filed against the judgment of this Court vide Section
437(A) of the Cr.P.C.
4) Seized muddemal i.e. Broken pieces of Honda Motorcycle
and CD of CCTV Footage being worthless be destroyed after
appeal period is over.
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7 Judgment in C. C. No.358/PS/2019
5) Judgment dictated & declared in an open Court.
Date. 20.09.2025 (Hashmi H.A.H.I.)
Metropolitan Magistrate,
65th Court, Andheri, Mumbai.
ask
Dictated &
typed on : 20.09.2025
Signed on : 20.09.2025
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