Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 Judgment in C. C. No.1435/PW/2018
Filed on .. 30.05.2018
Registered on .. 30.05.2018
Delivered on .. 03.09.2026
Duration .. 08Y 03M 04D
CNR No. MHMM-1900-5833-2018
Exh.8
IN THE COURT METROPOLITAN MAGISTRATE,
65th COURT, ANDHERI, MUMBAI.
(Presided over by Hashmi H.A.H.I.)
(Judgment as per Sec. 355 of the Cr.P.C.)
(a) The serial number of the
case;
: C.C. No.1435/PW/2018
(b) The date of commission of
offence;
On 07.06.2017
(c) The name of the informant,
if any;
: Through PSO Andheri Police
Station (CR No.317/2017)
(d) The name of the accused
person, his parentage and
residence;
: Anurag Premprakash Sharma -31
Occupation : Service
Res of 502, Savita Sadan, Natvar
Nagar, Road No.3, Jogeshwari (E),
Mumbai.
(e) The offence complained of
or proved;
: U/Sec.324, 323, 504, 506, 427 of
the Indian Penal Code.
(f) The plea of the accused and
his examination, (if any);
: Accused pleaded not guilty
(g) The final order; : Accused is acquitted
(h) The date of such order; : 03.09.2026
Appearance : Ld. APP. Prakash Shejal for the State
Ld. Adv. Shri. Ghag for the accused
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2 Judgment in C. C. No.1435/PW/2018
JUDGMENT
(Delivered on 03.09.2026)
1. Accused has been charge-sheeted for the offences
punishable U/Sec.324, 323, 504, 506, 427 of the Indian Penal Code (for
short “IPC”).
The prosecution case in short is as follows :-
The informant viz. Suken Suresh Mehta has lodged the
report in Andheri police station on 07.06.2017 contending therein that,
on 07.06.2017 he was proceeding towards his house from Andheri to
South Mumbai by his car. When he was turning towards Bisleri Factory,
at that time, accused Anurag Premprakash Sharma dashed his car.
Accused assaulted the informant by hands and also by helmet on his
nose as well as abused him. Accused damaged the glass of informant’s
car. On the basis of complaint Andheri Police station has registered an
offence bearing Crime No.317/2017. During the investigation, the
Investigating Officer has recorded statement of witnesses, prepared spot
panchanama as well as seizure panchanama and seized helmet under
the seizure panchanama. After completion of investigation submitted
charge-sheet against the accused.
2. I have framed charge against the accused vide Exh.2 on dtd.
26.08.2024 and it read over and explained to accused in vernacular, to
which he pleaded not guilty and claimed to be tried. His defence is of
total denial and false implication.
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3 Judgment in C. C. No.1435/PW/2018
3. As there is no any incriminating evidence against accused,
therefore statement of accused U/sec. 313 of Criminal Procedure Code
stands dispensed with.
4. Following points arise for my determination and I have
recorded findings thereon for the reasons discussed herein after :-
S.NO. POINTS FINDINGS
1 Does prosecution prove that on 07.06.2017 at
19.35 hrs., in front of Bisleri company, Andheri
Ghatkoper Link Road, Andheri (E), Mumbai
the accused voluntarily caused hurt to
informant viz. Suken Suresh Mehta by means
of helmet which is used as weapon of offence
and thereby committed an offence punishable
u/sec. 324 of IPC ? ...Not
proved
2 Does prosecution prove that on the aforesaid
date, time and place, the accused voluntarily
caused hurt to the informant by hands as well
as fists & blows and thereby committed an
offence punishable U/sec. 323 of IPC ?
...Not
proved
3 Does prosecution prove that on the above date,
time & place, accused insulted the informant
by words and knowing it to be likely that such
provocation will cause informant to break
public peace and thereby committed an offence
punishable u/sec. 504 of IPC?
...Not
proved
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4 Judgment in C. C. No.1435/PW/2018
4 Does prosecution prove that on the above said
date, time & place, accused committed
criminal intimidation by threatening informant
with intent to cause alarm to him and thereby
committed an offence punishable U/Sec. 506
of IPC ?
...Not
proved
5 Does prosecution prove that on the above said
date, time & place accused committed mischief
by damaging glass of his motorcar and thereby
committed an offence punishable u/sec. 427 of
IPC ?
...Not
proved
6 What order ? Accused is
acquitted
R E A S O N S
As to points No. 1 to 6 :
5. In order to prove guilt of the accused, the prosecution has
examined only one witness i.e. P.W. No.1 Suken Suresh Mehta at Exh.5.
Thereafter, the prosecution has filed evidence closed pursis at Exh.7,
therefore, evidence of prosecution closed.
6. P.W.No.1 informant Suken Suresh Mehta in his
examination-in-chief has stated that on 07.06.2017 he was proceeded
towards his house from Andheri to South Mumbai. On that day, he was
driving his car. When he was turning towards Bisleri Factory, at that
time, one motorcyclist i.e. accused dashed his car. His altercation took
place with that motor-cyclist i.e. accused. Thereafter, he has lodged the
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5 Judgment in C. C. No.1435/PW/2018
report against that motor-cyclist i.e. accused because he sustained injury
on his nose and accused also abused him in filthy language. FIR Exh.6
bears his signature.
7. During his cross-examination conducted by advocate for the
accused he admitted that he doesn’t want to proceed with the matter
because accused has filed on record Affidavit Exh.4 mentioning his
apology for the act done by him. Therefore, he has filed on record
evidence closed pursis at Exh.7.
8. It is pertinent to note that, the informant has not supported to
the prosecution case. The informant P.W.NO.1 has categorically stated that,
the accused has filed on record affidavit Exh.4, therefore, he doesn’t want
to proceed with the present case. Considering these facts, the prosecution
has not examined further evidence. So far as the evidence of P.W.No.1
is concerned, the prosecution has not proved the ingredients of sections
levelled against him. Record shows that, the informant P.W.No.1 has
settled his dispute with the accused, therefore, the prosecution has filed
Evidence closed pursis Exh.7. With these observations, I come to the
conclusion that prosecution has not proved the case against the accused
beyond all reasonable doubt, therefore, I answered points No.1 to 5 are
in the negative and for answering point No.6, I pass following order :-
ORDER
1) Accused viz. Anurag Premprakash Sharma is acquitted
vide Section 248(1) of the Cr.P.C. for the offences punishable
U/Sec. 324, 323, 504, 506, 427 of the Indian Penal Code.
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6 Judgment in C. C. No.1435/PW/2018
2) Bail bond of accused stands cancelled. Cash security
be refunded to the accused, if any, after appeal period is
over.
3) Accused is directed to furnish P.B. of Rs.15,000/- for
appearance before the Hon'ble Appellate Court, in case
appeal is filed against the judgment of this Court vide Section
437(A) of the Cr.P.C.
4) Seized muddemal i.e. Helmet being worthless be
destroyed after appeal period is over.
5) Judgment dictated & declared in an open Court.
Date. 03.09.2026 (Hashmi H.A.H.I.)
Metropolitan Magistrate,
65th Court, Andheri, Mumbai.
ask
Dictated &
typed on : 03.09.2026
Signed on : 03.09.2026
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