Final Order 1

Order Details: Copy  of Judgment
Pdf Text: Judgment 1 C. C. No. 1130/PS/2018
C/S filed on : 07/03/2018
Registered on : 28/03/2018
Decided on : 10/02/2026
Duration : 07 Y 11 M 03 D
Exh. 14.
IN THE COURT OF THE JUDICIAL MAGISTRATE (F.C.)
10TH COURT, ANDHERI, MUMBAI.
(PRESIDED OVER BY S.G.AGRAWAL)
C. C. No. 1130/PS/2018 (C.R.No. 69/2017)
(C.N.R.No. MHMM19-004112-2018)
J U D G M E N T
(u/Sec. 355 of Cr.P.C.)
(a) The serial number of the case. : C. C. No. 1130/PS/2018.
(b) The date of the commission of
the offence.
: On 31/01/2017
(c) The name of the Informant. : The State (Juhu Police Station in
C.R. No. 69/2017)
(d) The name of the accused
person and their parentage
and residence;
: Kayur Chandrakant Shah,
Age : 44 years,
R/o. Parimal CHS, In front of
Rupdarshan Society, Andheri
(W), Mumbai.
(e) The offence complained of : Under Section 279, 338 of IPC
r/w 134(a)(b) of M.V.Act.
(f) The plea of the accused and
their examination.
: Accused pleaded not guilty.
(g) The final order : Accused is acquitted.
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Judgment 2 C. C. No. 1130/PS/2018
(h) The date of such order : 10/02/2026
(i) Brief statement of reasons : As recorded herein below.
Assistant Public Prosecutor : Shri. F. L. Shaikh.
The Ld. Advocate for accused : Shri. Malap.
JUDGMENT
(Delivered on 10/02/2026)
The prosecution was required to prove that the accused had
driven his car bearing MH-02-AU-2297 at Gulmohar Cross Road No.7,
Pradhan Dental Centre, Juhu, Mumbai, in a manner so rash or negligent
to endanger the public safety and dashed the informant and caused
grievous hurt to him and ran away from the spot without giving medial
aid and without informing to police.
2. The accused had pleaded innocence and trial commenced.
The prosecution has examined in all three witnesses i.e. informant
Mansi Rajendra Mukhiya (PW1) at Exh.5, API Varsha Jadav (PW2)-
Investigating Officer and Dr. Girish Tayabai Rathod (PW3)- Medical
Officer. The statement u/Sec. 313 of Cr.P.C. was recorded at Exh.13
wherein he stuck to his defence of false implication in this case.
3. Heard the Ld. APP for the State and Ld. Advocate for
accused.
4. The informant has stated that on 21/01/2017 at about 2.00
to 2.30 p.m. when he was sitting on his motorcycle by standing his
scooty beside footpath, one Red coloured Maruti car came from
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Judgment 3 C. C. No. 1130/PS/2018
backside and dashed to his scooty due to which he fell down and
sustained injury on his left hand wrist and there was swelling on his
hand. Further he has stated that nearby people gathered on the spot
and the driver of the said car after admitting him to Cooper Hospital
went away. Further he has stated that after X-ray examination of his
hand, there was fractured injury to his hand.
5. Investigating officer has stated that on 31/01/2017 he
received information that informant Mansi Mukhiya met with an
accident at Gulmohar Cross Road No.1, Juhu when he was standing
with his motorcycle, he was dashed by one car bearing No. MH-02-KU-
2297 which came on high speed. After the accident he was taken to
Cooper Hospital by the driver of the car and thereafter informant went
to Bhakti Vedant Hospital by autorickshaw where doctor examined him
and found fracture injury to his left hand. The informant has lodged FIR
against the driver at Exh.6. Further, he has stated that he carried
investigation in the matter wherein he traced the owner of the car i.e.
accused and visited spot of incident, drew spot panchnama at Exh.8.
Further he has stated that he arrested the accused, obtained RTO
inspection report of the vehicle at Exh.9. He has not recorded statement
of any independent witness as it was not found on the spot. He obtained
medical certificate of the informant at Exh.10.
6. Dr. Girish Rathod (PW3) has examined patient Mansi
Mukhiya on 31/01/2017 who approached to the hospital with history of
motor vehicle accident and complained pain and swelling at left
forearm. He did X-ray which showed lower end radius and ulna
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Judgment 4 C. C. No. 1130/PS/2018
fracture. He has stated that he gave plaster cast above elbow and the
injury was grievous in nature. Further he opined that it was possible in
road accident where a person fell down after hitting by car. Thereafter,
injury certificate Exh.12 had issued by their hospital.
7. The prosecution is required to prove that the accused was
driving car bearing MH-02-AU-2297 at Gulmohar Cross Road No.7,
Pradhan Dental Centre, Juhu, Mumbai, in a manner so rash or negligent
as to endanger human life or to be likely to cause hurt or injury to any
other person. Thus, the manner of driving should be proved to be rash
or negligent. The informant has stated that the accused was driving the
Maruti car and he dashed the scooty from behind while he was standing
besides his scooty. He has stated that he has parked his scooty besides
the road. The statement that accused dashed from behind is not
sufficient to draw inference that he was driving in a negligent manner
or so rashly that it endangered human life. The spot of the accident
proved through the testimony of IO shows that the spot is located on
public road i.e. near to Pradhan Dental Centre located at Gulmohar
Cross Road No.7. Towards East is Pradhan Dental Centre while towards
West is the road going to Gulmohar Cross Road No.7 which is situated
next to Model Town Society. Towards South is Twinkle General Stores
and by its side there is Poonawala Estate Service Shop and boutique by
name Altering Image. These facts shows the informant could have stood
by these shops instead of being on the road which is having traffic of
vehicles. Further, there is no eye witness to the incident. Further, there
is no evidence of damage to the scooty. It means he was standing a little
away from the moped and on the road. This amounts to contributory
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Judgment 5 C. C. No. 1130/PS/2018
negligence as no one is expected to stand on a road having traffic of
vehicles. So also he has not elaborated the manner of driving of car by
the accused. It does not seem that the accused was driving in a manner
so rash or negligent as to endanger human life. He stated himself in the
evidence that accused took him to hospital for treatment. In such
circumstances, the injuries sustained by him cannot be said to be rash or
negligent act of accused. Therefore, merely on the testimonies of PW1
to PW3, it cannot be said that the accused has drove his vehicle rashly
or negligently and in high speed due to which informant sustained
grievous injury and he fled away from the spot without giving medical
aid and without informing police. As such accused is entitled to be
acquitted. In the result, I proceed to pass following order:
ORDER
i Accused Kayur Chandrakant Shah is acquitted
of the offences punishable under Section 279, 338 of
the IPC r/w 134(a)(b) of MV Act vide section 255 (1)
of the Code of Criminal Procedure.
ii Bail bonds of the accused stands cancelled.
iii He shall furnish bond of Rs.10,000/- under
section 437(A) of the Code of Criminal Procedure.
(S. G. Agrawal)
Judicial Magistrate (F.C.)
Date: 10/02/2026. 10th Court, Andheri, Mumbai.
Di
9/10/2023
Dictated on : 10/02/2026.
Transcribed on : 10/02/2026.
Signed on : 10/02/2026.
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