Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C. C. No. 283 / PW / 2018.
C/S filed on : 22.01.2018.
Decided on : 20.03.2019.
Duration : 1 Y, 1 M & 26 D
Exh. 7
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. 283 / PW / 2018.
(b) The date of the commission
of the offence.
: 14.12.2016.
(c) The name of the Informant. : The State (D. N. Nagar Police
Station in C. R. No.811/2016)
(d) The name of the accused
persons and their parentage
and residence;
: 1) Ishahaq Hasan Makwana,
Age : 40 years, Occ : Business,
Res : Andheri (W), Mumbai.
2) Iliyas Hasan Makwana,
Age : 38 years, Occ : Business,
Res : Andheri (W), Mumbai.
3) Altaf Hasan Makwana,
Age : 37 years, Occ : Business,
Res : Andheri (W), Mumbai.
(e) The offence complained of : Under sections 452, 324, 323,
504 r/w 34 of the Indian
Penal Code.
(f) The plea of the accused and
their examination.
: The accused pleaded not
guilty.
(g) The final order : All the accused are acquitted.
(h) The date of such order : 20.03.2019.
(i) Brief statement of reasons : As recorded herein below.
Assistant Public Prosecutor : Shri P. S. Sapkale.
Advocate for all the accused : Shri Patankar.
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2 C. C. No. 283 / PW / 2018.
ORAL JUDGMENT UNDER SECTION 355 OF THE CODE OF
CRIMINAL PROCEDURE.
The accused are facing trial for the offences punishable
under sections 452, 324, 323, 504 r/w 34 of the Indian Penal
Code.
2 In order to prove the guilt of the accused, prosecution has
examined in all three witnesses. The evidence of PW1 Javed Jamal
Makwana at Exh.4, PW2 Mohseen Haji Makwana at Exh.5 and
PW3 Muddasar Hashim Chauhan at Exh.6 came to be recorded. As
no incriminating evidence has come on record against the accused,
hence, the statement of accused persons 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 Patankar Ld. Advocate
for all 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 Javed,
PW2 Mohseen and PW3 Muddasar are the informant, aggrieved
and injured of this case. They have not supported the case of
prosecution. Per contra, they have denied the incident of assault.
They have also filed a joint pursis at Exh.6 quoting therein that
they do not want to proceed with the case. Hence, in view of non
support of these most relevant witnesses, 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. 283 / PW / 2018.
O R D E R
i Above named accused Nos.1 to 3 are
acquitted of the offences punishable under sections
452, 324, 323, 504 r/w 34 of the Indian Penal
Code vide Sec. 248 (1) of the Code of Criminal
Procedure.
ii Bail bonds of all the accused stand
cancelled.
iii All the accused shall furnish bonds of
Rs.10,000/ by each under section 437(A) of the
Code of Criminal Procedure.
Sd/
Dt.20.03.2019. (R. R. Khan)
Metropolitan Magistrate,
10th Court, Andheri, Mumbai.
Sat.
Dictated on : 20.03.2019.
Transcribed on : 20.03.2019.
Signed on : 20.03.2019.
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