Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C. C. NO. 1810/PW/2018
(Judgment)
MHMM190070262018
Received on : 06/07/2018
Registered on : 06/07/2018,
Decided on : 26/09/2023,
Duration : 05 Y. 02 M. 20 D.
Exh. :
IN THE COURT OF THE METROPOLITAN MAGISTRATE,
RAILWAY COURT, ANDHERI, MUMBAI.
(PRESIDED OVER BY NILESH V. BANSAL)
(JUDGMENT U/SEC. 355 OF CODE OF CRIMINAL PROCEDURE)
(a) The serial No. of the case; : 1810/PW/2018
(b) The date of commission of
the offence;
: 26/12/2017
(c) The name of the complainant
(if any);
: The State ( Meghwadi Police
Station in C. R. No. 325/2017).
(d) The name of the accused
persons and their parentage
and residence;
: Ansar Mohammad Khan,
Age : 45 years, Occ : Gym Trainer,
R/o : Amina Nagar, Idgah
Maidan, Income Tax Colony,
Jogeshwari (E), Mumbai.
(e) The offence complained of
or proved ;
: Under Section 324 of the Indian
Penal Code.
(f) The plea of the accused and
their examination (if any);
: The accused pleaded not guilty.
(g) The final order; : Accused is acquitted.
(h) The date of such order; : 26/09/2023
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2 C. C. NO. 1810/PW/2018
(Judgment)
Ms. Atiya Shaikh, APP for the State.
Mr. Anand Kashyap, Advocate for the accused.
J U D G M E N T
(Delivered on 26/09/2023)
1. The accused is prosecuted for the offence punishable under
Section 324 of the Indian Penal Code.
2. Facts of the prosecution case in short are as under :
The informant Mohd. Saif Amin Faruqui has given F.I.R. at
police station Meghwadi that on 26/12/2017 at about 10.05 a.m he went
gym and at that time there was exchange of hot words with Ansar Khan
who was gym trainer in said gym. Thereafter, he left for house. At about
08.15 hours when the informant was going towards his house, at that time
the accused gave blow of chopper on his head and back. Due to which he
sustained bleeding injury. Thereafter, accused ran away. Hence, this
F.I.R.
3. F.I.R. came to be registered against accused vide C.R.No.
325/2017 for the above said offences at police station Meghwadi and
investigation was started by Investigating Officer PSI A.B. Shedge. He
visited the spot of incident, recorded statement of informant and
witnesses, arrested the accused, collected injury report of the informant
and as there is incriminating evidence against the accused, he filed charge
sheet against the accused.
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3 C. C. NO. 1810/PW/2018
(Judgment)
4. Charge came to be framed against accused for the above
mentioned offence. The accused pleaded not guilty and claimed to be
tried. The prosecution has examined only the informant. As no
incriminating evidence came on record against the accused, his statement
under 313 of the Code of Criminal Procedure came to be dispensed with.
5. The points for determination alongwith my findings thereon
as under :
POINTS FINDINGS
1] Does the prosecution prove that the accused
voluntarily caused hurt to the informant by
means of chopper ?
No
2] What order ? Accused is
acquitted.
REASONS
AS TO POINT NO.1 :
6. The informant Mohammad Saif Farooqui (P.W.1) deposes at
Exh.05 that on 26/12/2017 t about 11.00 a.m. to 11.30 a.m. there was
quarrel near gym at Andheri. Some persons were fighting, and he went
there to rescue the fight. At the time of rescuing he sustained injuries on
his back. He deposed that as there was crowd, he does not see who has
assaulted him. In crossexamination the informant admitted that dispute
is settled between him and accused and therefore, he does not want to
proceed with the case.
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4 C. C. NO. 1810/PW/2018
(Judgment)
7. I have gone through the prosecution evidence. The informant
and accused have filed compromise pursis (Exh.3) on record. From the
record it is clear that due to compromise between the parties, the
informant Mohammad Saif Farooqui (P.W.1) has not stated anything
against the accused. No incriminating evidence came on record against
the accused. The prosecution failed to prove the charges levelled against
the accused. Hence, I answer point no.1 in the negative.
AS TO POINT NO.2 :
8. The prosecution failed to prove guilt of the accused.
Therefore, accused is entitled to be acquitted. In the result, in answer to
point no.2, I pass the following order.
ORDER
1 Accused Ansar Mohammad Khan is acquitted of the offence
punishable under Section 324 of the Indian Penal Code vide Section
248 (1) of the Code of Criminal Procedure.
2 Bail bond of the accused stands cancelled and he be set at liberty.
3 The accused to execute P.R. Bond of Rs.15,000/ with one solvent
surety vide Section 437 – A of the Code of Criminal Procedure for
appearance before the higher court, if said court issues notice to him
for his appearance.
Place : Mumbai.
Date : 26/09/2023.
(Nilesh V. Bansal)
Metropolitan Magistrate,
Railway Court, Andheri, Mumbai.
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5 C. C. NO. 1810/PW/2018
(Judgment)
Dictated On : 26/09/2023,
Transcribed On : 26/09/2023
Checked and Signed On : 26/09/2023
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