Final Order 1

Order Details: Copy  of Judgment
Pdf Text: - 1 - C. C. No. 280 / PW / 2018.
C/S filed on : 22.01.2018.
Decided on : 03.10.2022.
Duration : 04 Y,09 M & 12 D
Exh. 7
IN THE COURT OF THE I/C METROPOLITAN MAGISTRATE,
10TH COURT, ANDHERI, MUMBAI.
(PRESIDED OVER BY NILESH V. BANSAL)
(a) The serial number of the
case.
: C. C. No. 280 / PW / 2018.
(b) The date of the commission
of the offence.
: 14.06.2017.
(c) The name of the Informant. : The State (D. N. Nagar Police
Station in C. R. No.382/2017)
(d) The name of the accused
person and their parentage
and residence;
: 1) Pramod Mangal Singh
Age : 44 years, Occ : Nil
Res : Kapaswadi, Andheri (W),
Mumbai.
2) Smita Pramod Singh
Age : 34 years, Occ : Service,
Res : Kapaswadi, Andheri (W),
Mumbai.
(e) The offence complained of : Under sections 324, 504 r/w
34 of the Indian Penal Code.
(f) The plea of the accused and
their examination.
: The accused no. 1 and 2
pleaded not guilty.
(g) The final order : The accused are acquitted.
(h) The date of such order : 03.10.2022.
(i) Brief statement of reasons : As recorded herein below.
Assistant Public Prosecutor : Shri Patil.
Advocate for accused : Shri Sachin Kanojia.
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- 2 - C. C. No. 280 / PW / 2018.
JUDGMENT UNDER SECTION 355 OF THE CODE OF CRIMINAL
PROCEDURE.
The accused are facing trial for the offence punishable under
sections 324, 504 r/w 34 of the Indian Penal Code.
2 In order to prove the guilt of the accused, prosecution has
examined only one witness. The evidence of PW1 Altaf Mahamud
Solkar at Exh.6 came to be recorded. The informant/injured
denied the case of prosecution. Per contra, he has filed application
vide Exh.5 mentioning therein about the settlement and
compromise between them. As no incriminating evidence has come
on record against the accused, hence, their statement under
section 313 of the Code of Criminal Procedure is dispensed with. I
have heard Shri Patil, Ld. APP for the State and Shri Sachin
Kanojia. 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 Altaf
Mahamud Solkar is the aggrieved and injured of this case. He has
not supported the case of prosecution. Per contra, he has denied
the incident of assault. He has also filed a Pursis at Exh.5 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 -
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- 3 - C. C. No. 280 / PW / 2018.
O R D E R
i Accused 1) Pramod Mangal Singh and 2)
Smita Pramod Singh are acquitted of the offence
punishable under sections 324, 504 r/w 34 of the
Indian Penal Code vide Sec.248 (1) of the Code of
Criminal Procedure.
ii Bail bonds of the accused stand cancelled.
iii The accused shall furnish bond of
Rs.10,000/- each under section 437(A) of the
Code of Criminal Procedure.
Sd/-
Date. 03.10.2022. (Nilesh V. Bansal)
Metropolitan Magistrate,
Railway Mobile Court, Andheri.
I/c. M. M. 10th Court, Andheri, Mumbai.
Dictated on : 03.10.2022.
Typed on : 03.10.2022.
Signed on : 03.10.2022.
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