Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C. C. No. 504 / PS / 2019.
C/S filed on : 22.01.2019.
Decided on : 23.11.2019.
Duration : 10 M & 1 Day.
Exh. 6
IN THE COURT OF THE METROPOLITAN MAGISTRATE,
10TH COURT, ANDHERI, MUMBAI.
(PRESIDED OVER BY R. R. KHAN)
(a) The serial number of the
case.
: C. C. No. 504 / PS / 2019.
(b) The date of the commission
of the offence.
: 03.08.2018.
(c) The name of the Informant. : The State (D. N. Nagar Police
Station in C. R. No.343/2018)
(d) The name of the accused
person and his parentage
and residence;
: Khwaja Moinuddin Yusuf
Shaikh, Age : 49 years,
Occ : Pharmaceutical,
Res : Goregaon (W), Mumbai.
(e) The offence complained of : Under sections 279 and 337
of the Indian Penal Code and
section 134(a)(b) of the
Motor Vehicles Act.
(f) The plea of the accused and
his examination.
: The accused pleaded not
guilty.
(g) The final order : The accused is acquitted.
(h) The date of such order : 23.11.2019.
(i) Brief statement of reasons : As recorded herein below.
Assistant Public Prosecutor : Shri P. S. Sapkale.
Advocate for the accused : Shri Vinay Mishra.
JUDGMENT UNDER SECTION 355 OF THE CODE OF CRIMINAL
PROCEDURE.
The accused is facing trial for the offences punishable under
sections 279 and 337 of the Indian Penal Code and section 134(a)
(b) of the Motor Vehicles Act.
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2 C. C. No. 504 / PS / 2019.
2 In order to prove the guilt of the accused, prosecution has
examined only one witness. The evidence of PW1 Ramesh Bandu
Patil at Exh.4 came to be recorded. Noticeably, the Ld. APP,
informant and accused have filed pursis vide Exh.5 mentioning
therein that informant do not want to proceed with the matter.
Hence, on the request of Ld. APP, the evidence side of prosecution
is closed. 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. I have heard Shri P. S.
Sapkale, Ld. APP for the State and Shri Vinay Mishra Ld. Advocate
for the accused at length. I have perused the evidence on record
very minutely and carefully.
3 In so far as evidence on record is concerned, PW1 Ramesh is
the informant, aggrieved and only injured of this case. He has not
supported the case of prosecution. He has deposed that he do not
know who gave dash to him. In crossexamination by prosecution
he has specifically deposed that he is unaware whether accused is
responsible for accident. He deposed that he has settled the matter
with the accused and do not want to proceed with the case.
Additionally, he has filed a Pursis at Exh.5 in association with Ld.
APP quoting therein that he do not want to proceed with the case.
Hence, in view of non support of this most relevant witness, the
allegations leveled against accused cannot be proved in any
manner. Hence, I am satisfied to acquit the accused by passing
following order
.......... 3
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3 C. C. No. 504 / PS / 2019.
O R D E R
i Accused Khwaja Moinuddin Yusuf Shaikh is
acquitted of the offences punishable under sections
279 and 337 of the Indian Penal Code and section
134(a)(b) of the Motor Vehicles Act vide Sec. 255
(1) of the Code of Criminal Procedure.
ii Bail bonds of the accused stand cancelled.
iii The accused shall furnish bonds of
Rs.10,000/ under section 437(A) of the Code of
Criminal Procedure.
Sd/
Dt. 23.11.2019. (R. R. Khan)
Metropolitan Magistrate,
10th Court, Andheri, Mumbai.
Sat.
Dictated on : 23.11.2019.
Transcribed on : 23.11.2019.
Signed on : 23.11.2019.
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