Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C. C. No. 563 / PW / 2018.
C/S filed on : 17.02.2018.
Decided on : 20.03.2019.
Duration : 1 Y, 1 M & 3 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. 563 / 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.813/2016)
(d) The name of the accused
persons and their parentage
and residence;
: 1) Javed Jamal Makwana,
Age : 31 years, Occ : Business,
Res : Andheri (W), Mumbai.
2) Mohseen Haji Makwana,
Age : 25 years, Occ : Business,
Res : Andheri (W), Mumbai.
3) Muddasar Hashim
Makwana,
Age : 21 years, Occ : Business,
Res : Andheri (W), Mumbai.
4) Imran Ismail Makwana,
Age : 30 years, Occ : Business,
Res : Andheri (W), Mumbai.
5) Jamal Mohhamed
Makwana,
Age : 57 years, Occ : Business,
Res : Andheri (W), Mumbai.
6) Sameer Salim Makwana,
Age : 30 years, Occ : Business,
Res : Andheri (W), Mumbai.
7) Aadil Haji Makwana,
Age : 28 years, Occ : Business,
Res : Andheri (W), Mumbai.
(e) The offence complained of : Under sections 324, 323, 141,
142, 143, 504 r/w 34 of the
Indian Penal Code.
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2 C. C. No. 563 / PW / 2018.
(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 Harish Shetty.
ORAL JUDGMENT UNDER SECTION 355 OF THE CODE OF
CRIMINAL PROCEDURE.
The accused are facing trial for the offences punishable
under sections 324, 323, 141, 142, 143, 504 r/w 34 of the Indian
Penal Code.
2 In order to prove the guilt of the accused, prosecution has
examined in all two witnesses. The evidence of PW1 Altaf Hasan
Makwana at Exh.4 and PW2 Issaq Hasan Makwan at Exh.5 came
to be recorded. As no incriminating evidence has come on record
against the accused persons, hence, the statement of all 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 Harish Shetty 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 Altaf and
PW2 Issaq are the informant, aggrieved and injured of this case.
They have not supported the case of prosecution. Per contra, they
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3 C. C. No. 563 / PW / 2018.
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
O R D E R
i All the above named accused Nos.1 to 7 are
acquitted of the offences punishable under sections
324, 323, 141, 142, 143, 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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