Final Order 1

Order Details: Copy  of Judgment
Pdf Text: - 1 - C. C. No. 1129 / PS / 2018.
C/S filed on : 07.03.2018.
Decided on : 27.07.2022.
Duration : 04 Y 04M 20 D
Exh. 10.
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. 1129 / PS / 2018.
(b) The date of the commission
of the offence.
: On 27.01.2017.
(c) The name of the Informant. : The State (Juhu Police Station
in C. R. No.60/2017.
(Through Smt. Lata Bhagwan
Dhondvinde)
(d) The name of the accused
person and his parentage
and residence;
: Munna Rupan Vishwakarma
Age : 39 years, Occ : Driver
R/at. Vira Desai Road,
Andheri, Mumbai.
(e) The offence complained of : Under sections 279, 338 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 : 27.07.2022.
(i) Brief statement of reasons : As recorded herein below.
Assistant Public Prosecutor : Mr. Shah.
Advocate for the accused : Mr. Sujay Namey.
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- 2 - C. C. No. 1129 / 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 Mrs. Lata
Bhagwan Dhodvinde at Exh.8 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 the accused.
3 At this stage, PW1 Mrs. Lata Dhodvinde is the
informant/injured in this case, who has not supported the case of
prosecution. Further informant and accused have filed
application at Exh.7 mentioning that she has settled the matter
with accused and she has no grievances against the accused.
Moreover, the learned APP for State has waived examination of
remaining witnesses in view of settlement between informant and
accused. Hence prosecution failed to prove the offences charged
against the accused beyond all reasonable doubt. Therefore the
accused is entitled to be acquitted. Hence, I proceed to pass
following order: -
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- 3 - C. C. No. 1129 / PS / 2018.
O R D E R
i Accused Munna Rupan Vishwakarma is
acquitted of the offences punishable under sections
279, 338 of the Indian Penal Code vide section 248
(1) of the Code of Criminal Procedure.
ii Bail bonds of the accused persons stand
cancelled.
iii The accused shall furnish bonds of
Rs.10,000/- under section 437(A) of the Code of
Criminal Procedure.
Sd/-
Date: 27.07.2022. (R. M. Shaikh)
Metropolitan Magistrate,
10th Court, Andheri, Mumbai.
ssk.
Dictated on : 27.07.2022.
Transcribed on : 27.07.2022.
Signed on : 27.07.2022.
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