Final Order 1

Order Details: Order below Ex-1
Pdf Text: IN THE COURT OF THE METROPOLITAN MAGISTRATE,
RAILWAY MOBILE COURT, ANDHERI, MUMBAI.
(JUDGMENT U/SEC. 355 of CR.P.C.)
Exh.No.
(a) The serial number of the case : 42/SW/2018
(b) The date of commission of
offence;
: 07.05.2017
(c) The name of the complainant,(if
any);
: State ( RPF Andheri
C.R.No. 5615/2017)
(d)
The name of the accused person,
parentage and residence;
: 1. Ashish Ramchandra Gupta,
Age : 28 Yrs Occ: NIL,
R/at : Near Laxman Nagar Police
Chowki, Village : Kurar, Malad
(East), Mumbai.
2. Montu Makhanlal Soni
Age : 38 Yrs Occ: NIL,
R/at : Shivan Tour and Travels,
Shop No.2, Near Laxman Nagar
Police Chowki, Village : Kurar,
Malad (East), Mumbai.
(e) The offence complained of or
proved;
: Under Section 143 (1) of the
Railways Act.
(f) The plea of the accused and his
examination (if any)
: The accused pleaded guilty.
(g) The Final Order : The accused are convicted.
(h) The date of such order : 30.07.2025
J U D G M E N T
(Delivered on 30.07.2025)
1. The accused is charge-sheeted for the offence punishable under
Section 143 (1) of the Railways Act. As per the case of the prosecution, on
07.05.2017 at 19:00 hours at Sandip Cosmetic Shop No.2,Near Laxman Nagar
Police Chowki, Village : Kurar, Malad (East), Mumbai, the accused was found
doing illegal business of procuring e-tickets of Railway Authority for traveling to
the passengers by accepting commission, without having any legal licence.
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2. The accused are present. The accused pleaded guilty during trail.
I have verified the accused. The accused have voluntarily pleaded guilty. Hence,
I accept the same. I have heard the accused on the point of sentence. They
prayed for leniency. Considering the nature of offence and submission of the
accused, I pass the following order. :-
ORDER
1] The accused No.1 Ashish Ramchandra Gupta and accused No.2
Montu Makhanlal Soni are convicted for the offence punishable under Section
143 (1) of the Railways Act vide Section 241 of Code of Criminal Procedure and
they are sentenced to pay a fine of Rs.10,000/- each, in default to suffer simple
imprisonment for one month each.
2] Order regarding muddemal property :-
(i) 02 unused e-tickets valued of Rs.5340/- be returned to
Railway
(ii) 04 used e-tickets valued of Rs.7655/- be returned to Railway
Administration.
iii) 01 e-token be returned to Railway Administration.
iv) 01 Mobile handset of Oppo Company and 01 mobile handset
of Nokia Company be returned to the accused.
(v) 03 Booking diary be destroyed.
(vi) 01 CPU be returned to the accused.
vii) Cash amount of Rs. 900/- be credited to the Government.
3] The amount of above fine be adjusted out of the cash bail amount
of Rs.5,000/- each deposited by both the accused on 17.02.2025.
4] Copy of judgment be given to the accused free of cost.
Sd/-
(Shailja O. Pandey)
Metropolitan Magistrate,
Date : 30.07.2025 Railway Mobile Court, Andheri, Mumbai.
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IN THE COURT OF METROPOLITAN MAGISTRATE,
RAILWAY MOBILE COURT, ANDHERI, MUMBAI
CASE NO. 42/SW/2018
CHARGE
I, Shailja O. Pandey, Metropolitan Magistrate, Railway Mobile
Court, Andheri, Mumbai hereby charge you,
1. Ashish Ramchandra Gupta,
Age : 28 Yrs Occ: NIL,
R/at : Near Laxman Nagar Police Chowki, Village : Kurar, Malad (East),
Mumbai.
2. Montu Makhanlal Soni
Age : 38 Yrs Occ: NIL,
R/at : Shivan Tour and Travels, Shop No.2, Near Laxman Nagar Police
Chowki, Village : Kurar, Malad (East), Mumbai.
As follows,
That you accused on 07.05.2017 at 19:00 hours at Sandip
Cosmetic Shop No.2,Near Laxman Nagar Police Chowki, Village : Kurar,
Malad (East), Mumbai, were found doing illegal business of selling E-tickets
of Railway Authority for traveling to the passengers without having any legal
licence, and thereby committed an offence punishable under Section 143 (1)
of the Railways Act, 1989 and within my cognizance.
And I hereby direct that you be tried on the aforesaid charges.
Mumbai, Dated this 30th day of July 2025.
Sd/-
(Shailja O. Pandey)
Metropolitan Magistrate,
Date : 30.07.2025 Railway Mobile Court, Andheri, Mumbai.
Certified that the contents of the above charges are read over and
explained to the accused in vernacular to which he pleaded guilty.
Sd/-
(Shailja O. Pandey)
Metropolitan Magistrate,
Date : 30.07.2025 Railway Mobile Court, Andheri, Mumbai.
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IN THE COURT OF THE METROPOLITAN MAGISTRATE,
RAILWAY MOBILE COURT, ANDHERI, MUMBAI
PLEA OF ACCUSED
C. C. No. 42/SW/2018
Name of Accused :
1. Ashish Ramchandra Gupta,
Age : 28 Yrs Occ: NIL,
R/at : Near Laxman Nagar Police Chowki, Village : Kurar, Malad (East),
Mumbai.
2. Montu Makhanlal Soni
Age : 38 Yrs Occ: NIL,
R/at : Shivan Tour and Travels, Shop No.2, Near Laxman Nagar Police
Chowki, Village : Kurar, Malad (East), Mumbai.
1 Have you received the copies of charge sheet / complaint ?
Ans. Yes.
2 Have you understood the charge/particulars of offence now read
over and explained to you ?
Ans. Yes.
3 Do you plead guilty to the charge ?
Ans. Yes / no.
4. Do you want free legal aid ?
Ans : Yes / No.
Signature of accused No.1 Signature of accused No.2
Before Me
Sd/-
( Shailja O. Pandey)
Date : 30.07.2025 Metropolitan Magistrate,
Railway Mobile Court, Andheri, Mumbai
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