Final Order 1

Order Details: Copy  of Judgment
Pdf Text: - 1 - C. C. No. 1124/PS/2018.
C/S filed on : 07/03/2018
Decided on : 21/07/2023
Duration : 05 Y 04 M 14 D
Exh. 8.
IN THE COURT OF THE METROPOLITAN MAGISTRATE,
10TH COURT, ANDHERI, MUMBAI.
(PRESIDED OVER BY R. M. SHAIKH)
(a) The serial number of the case. : C. C. No. 1124/PS/2018.
(b) The date of the commission of
the offence.
: On 05/12/2016
(c) The name of the Informant. : The State (D.N. Nagar Police
Station in C. R. No.781/2016)
(Through Taherabano Ansari)
(d) The name of the accused
person and their parentage
and residence;
: Faiz Firoz Madha
Age : 27 years,
R/at: R.No. 901, Third Floor, B-
404, Veera Desai Road, Andheri
(W), Mumbai.
(e) The offence complained of : Under Section 279, 338 of the
Indian Penal Code.
(f) The plea of the accused and
their examination.
: Accused pleaded not guilty.
(g) The final order : Accused is acquitted.
(h) The date of such order : 21/07/2023
(i) Brief statement of reasons : As recorded herein below.
Assistant Public Prosecutor : Mr. Shah.
Advocate for the accused : Mr. Namey.
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- 2 - C. C. No. 1124/PS/2018.
JUDGMENT UNDER SECTION 355 OF CR. P. C
1. The accused is facing trial for the offences punishable
under Sections 279, 338 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 Taherabano
Shahabuddin Ansari at Exh.5 came to be recorded. 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.
Heard learned APP for the State and the learned Advocate for accused.
3 At this stage, PW1 Taherabano Shahabuddin Ansari is the
informant/victim of this case, who has not supported the case of
prosecution. Further the informant and the accused have filed a pursis/
compounding application at Exh.6 mentioning that, she has settled the
matter with the accused and they have no grievances against each other.
Moreover, the learned APP for State has orally waived examination of
remaining witnesses in view of settlement between informant and the
accused. Hence, prosecution has failed to prove the offences charge
against the accused beyond all reasonable doubt. Therefore, accused is
entitled to be acquitted. Hence, I proceed to pass following order: -
O R D E R
1) Accused Faiz Firoz Madha is acquitted of the
offence punishable under Sections 279, 338 of the
Indian Penal Code vide Section 255 (1) of the Code of
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- 3 - C. C. No. 1124/PS/2018.
Criminal Procedure.
2) Bail bonds of the accused stands cancelled.
3) Accused shall furnish bonds of Rs.10,000/-
under Section 437(A) of the Code of Criminal
Procedure.
(R. M. Shaikh)
Metropolitan Magistrate,
Date: 21/07/2023 10th Court, Andheri, Mumbai.
Dictated on : 21/07/2023
Transcribed on : 21/07/2023
Signed on : 21/07/2023
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