Interim Order 1

Order Details: Order
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IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS,
44TH COURT, ANDHERI, MUMBAI.
C.C.No.279/PS/2018
State of Maharashtra
(Through Amboli Police Station), ….Prosecution
V/s.
Amit Omprakash Agarwal …. Accused
ORDER BELOW DISCHARGE APPLICATION FILED BY ACCUSED
The accused who is alleged to have committed the offence
punishable under section 279, 337 and 338 of the Indian Penal Code
r/w section 134 (a) (b) of the Motor Vehicle Act has filed this
application for discharge under section 227 of the Code of Criminal
Procedure on the ground that the informant/victim in this case has
already been granted the compensation of Rs.25,000/- in M.A.C.T.
Petition No.1334/2017 on 22/08/2019 and thus, the matter is settled.
According to the accused, he has no concern with the said accident and
therefore, he may be discharged.
2. The learned APP opposed the application on the ground
that this application is not tenable and there is sufficient material
available on record against the accused.
3. Heard. Perused the record.
4. At the outset, it is pertinent to note here that the offence
registered against the accused are required to be tried summarily. In
other words, this is a summons trial. Therefore, the accused cannot be
discharged under section 227 of the Code of Criminal Procedure. Apart
from this, the prosecution has filed the relevant documents to
demonstrate the role of the accused in the said crime. Moreover the
accused had admitted that the alleged accident took place and he was
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driving vehicle at the relevant time in public place. In such
circumstances, in my opinion, the witnesses of the prosecution needs to
be heard. It is pertinent to note here that the proceeding before the
M.A.C.T. Court and the criminal case pending before this Court are two
different matters. Hence, I am not inclined to allow this application.
Accordingly, I pass the following order:
O R D E R
The application stands rejected.
Sd/-
( Sujitkumar C. Tayde )
Date : 03.10.2025 Judicial Magistrate First Class,
44th Court, Andheri, Mumbai.
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