Final Order 1

Order Details: Order below Ex-1
Pdf Text: - 1 - C. C. No. 485 / PW / 2018.
C/S filed on : 09.02.2018.
Decided on : 03.10.2022.
Duration : 04 Y,07 M & 23 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. 485 / 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.381/2017)
(d) The name of the accused
person and his parentage
and residence;
: Altaf Mahamud Solkar,
Age : 45 years, Occ : Service,
Res : Kapaswadi, Andheri (W),
Mumbai.
(e) The offence complained of : Under section 324, 323, 504
of the Indian Penal Code.
(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 : 03.10.2022.
(i) Brief statement of reasons : As recorded herein below.
Assistant Public Prosecutor : Shri Patil.
Advocate for accused : Shri Nasir Patel.
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- 2 - C. C. No. 485 / PW / 2018.
JUDGMENT UNDER SECTION 355 OF THE CODE OF CRIMINAL
PROCEDURE.
The accused is facing trial for the offence punishable under
sections 324,323, 504 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 Pramod Mangal
Singh at Exh.6 came to be recorded. The informant and injured of
this case. 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, his 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 Nasir Patel 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 Pramod
Mangal Singh 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. 485 / PW / 2018.
O R D E R
i Accused Altaf Mahamud Solkar is acquitted
of the offence punishable under sections 324, 323,
504 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/- 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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