Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C. C. NO. 113/PS/2018
Filed on .. 09/01/2018
Registered on .. 09/01/2018
Delivered on .. 16/07/2019
Duration .. 01Y 06M 07D
CNR No. MHMM190010402018
Exh.6
BEOFRE 65th METROPOLITAN MAGISTRATE,
ANDHERI, MUMBAI.
(Presided over by S.C.Pathare)
(Judgment as per Sec. 355 of the Cr.P.C.)
1 The serial number of the case : 113/PS/2018
2 The date of commission of
offence
: On 06.11.2016 at about 10.00
hours.
3 The name of the informant, if
any
:: Through P. S. O. Andheri Police
Station.
(C. R. No.564/2016)
4 The name of the accused,his
parentage & residence
: 1. Imtiyaz Mohammad
Khuddush Shaikh.
Age : 44 years.
R/o. Maksood Kachwali
Chawl No.3, Mograpada,
Andheri East, Mumbai.
2. Naushad Mohammad
Khuddush Shaikh.
Age : 40 years.
R/o. Maksood Kachwali
Chawl No.3, Mograpada,
Andheri East, Mumbai.
5 The offence complained of or
proved
: U/Sec.338 & 504 r/w Sec.34 of
the Indian Penal Code.
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6 The plea of the accused & his
examination, if any
: Accused pleaded not guilty.
7 The final order : As per the Final Order.
8 The date of such order : 16/07/2019.
Appearance : Ld. APP. Shri. G.G. Khade for the State.
Ld. Adv. Shri. Harshad Sakpal & Shri. Zapde for the
accused.
JUDGMENT
(Delivered on 16/07/2019)
1. The following points arose for my determination and I have
recorded findings thereon for the reasons discussed infra:
SR.NO. POINTS FINDINGS
1 Does the prosecution prove that on
06.11.2016 at about 10.00 hours, at
Maksud chawl, in front of Room No.6,
Mograpada, Andheri East, Accused in
furtherance of their common intention,
caused grievous hurt to informant so as
to endanger human life or the personal
safety of others ? ... Not
proved.
2 Does the prosecution prove that on above
date, time & place, Accused in furtherance
of their common intention, intentionally
insulted by abusing the informant and
thereby gave provocation to him
intending that such provocation would
cause him to break the public peace ? ... Not
proved.
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3 C. C. NO. 113/PS/2018
3 What order ? As per final
order.
R E A S O N S
As to point Nos 1 & 2 :
2. In order to establish guilt of the accused, prosecution has
examined only one witness.
3. PW1 Akber Saeed Shaikh (Informant) is examined vide
Exh.5.
The statements of accused U/Sec.313 of the CrPC came to be
dispensed with.
4. It is the crux of the prosecution case that, on 06.11.2016 at
about 10.00am, there was dispute of accused and informant on the
ground that informant was chewing some substance i.e. mawa and the
same was spiting in stream(Nala). On that count, accused Naushad
abused informant. Accused Imtiyaz started shouting at informant. He
rashly pushed informant away resulting in dislocation of his right side
shoulder. One uncle of the informant came and took him to the
hospital.
5. It is true that prosecution in support of it's case examined
informant i.e. star witness as PW1 who categorically admitted that he
does not remember anything about the incident. Apart from that PW1
deposed that he does not know the contents of his own FIR. The Ld
APP with the permission of court, took searching cross examination of
the same but nothing could be elicited from him against the accused.
PW1 has not made any adverse statement against the accused. In
short, there is absence of cogent, clear/reliable evidence against the
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accused so as to fasten criminal liability of said offences at the neck of
the accused.
6. It is the settled position of the law that prosecution has to
establish the guilt of the accused beyond reasonable doubt, but in the
present case, it has failed to do so. Consequently, I answered points
No.1 & 2 in negative & proceed to pass the following order :
ORDER
i) Accused1 named above are acquitted of the offences
punishable U/Sec.338 & 504 r/w 34 of the IPC vide provisions of
section 255(1) of the Cr.P.C.
ii) Their bail bonds(if any) are cancelled.
iii) The accused are directed to furnish P.B. of Rs.5,000/each for
appearance before the Hon'ble Appellate Court towards compliance of
Section 437(A) of the Cr.P.C.
iv) Dictated & declared in the open Court.
Sd/
Date : 16.07.2019 (S.C. Pathare)
Metropolitan Magistrate,
ask 65th Court, Andheri, Mumbai.
1 Named & described in the schedule at page No.1 of this judgment at Sr.No.(4).
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“I affirm that the contents of this P.D.F. file Judgment are
same word for word as per original Judgment.
Name of Steno : A.S. Kubal
Court Name : S.C. Pathare,Metropolitan Magistrate, 65th Court,
Andheri, Mumbai.
Judgment signed by Presiding Officer on : 16.07.2019.
Judgment uploaded on :17.07.2019.
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