Final Order 1

Order Details: Copy  of Judgment
Pdf Text: - 1 - C. C. No. 1495 / PW / 2018.
C/S filed on : 18.01.2018.
Decided on : 11.08.2022.
Duration : 04 Y 06M 23D
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.1495 / PW / 2018.
(b) The date of the commission
of the offence.
: On 18.01.2018.
(c) The name of the Informant. : The State (Juhu Police Station
in C. R. No.28/2018.
(Through Mrs. Gangamma
Dhangar)
(d) The name of the accused
person and their parentage
and residence;
: 1) Shiva Vanappa Pujari
Age : 44 years, Occ : Nil,
R/at. Vileparle (W), Mumbai.
2) Shivamma Shiva Pujari
Age : 42 years, Occ : Nil,
R/at. Vileparle (W), Mumbai.
(e) The offence complained of : Under section 354, 323, 504,
r/w 34 of the Indian Penal
Code.
(f) The plea of the accused and
theri examination.
: The accused pleaded not
guilty.
(g) The final order : The accused are acquitted.
(h) The date of such order : 11.08.2022.
(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. 1495 / PW / 2018.
JUDGMENT UNDER SECTION 355 OF CR. P. C
1. The accused are facing trial for the offences punishable
under sections 354, 323, 504, r/w 34 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. Gangamma
B. Dhangar at Exh.5 came to be recorded. As no incriminating
evidence has come on record against the accused, hence, their
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. Gangamma B. Dhangar is the
informant in this case, who has not supported the case of
prosecution. Further informant and accused have filed pursis at
Exh.7 mentioning that informant has settled the matter with
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
offence charged against the accused beyond all reasonable doubt.
Therefore the accused are entitled to be acquitted. Hence, I
proceed to pass following order: -
O R D E R
i Accused 1) Shiva Vanappa Pujari and 2) Shivamma
Shiva Pujari are acquitted of the offence punishable
under sections 354, 323, 504 r/w 34 of the IPC vide
section 248 (1) of the Code of Criminal Procedure.
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- 3 - C. C. No. 1495 / PW / 2018.
ii Bail bonds of the accused persons stand
cancelled.
iii The accused shall furnish bonds of
Rs.10,000/- each under section 437(A) of the
Code of Criminal Procedure.
Pronounced in open Court
Sd/-
Date: 11.08.2022. (R. M. Shaikh)
Metropolitan Magistrate,
10th Court, Andheri, Mumbai.
ssk.
Dictated on : 11.08.2022.
Transcribed on : 11.08.2022.
Signed on : 11.08.2022.
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