Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C. C. No. 1892 / PW / 2018.
(Old case No.1291/Misc/2017)
C/S filed on : 04.07.2017.
Decided on : 27.02.2019.
Duration : 1 Y, 7 M & 23 D
Exh. 6
IN THE COURT OF THE METROPOLITAN MAGISTRATE,
10TH COURT, ANDHERI, MUMBAI.
(PRESIDED OVER BY R. R. KHAN)
(a) The serial number of the
case.
: C. C. No. 1892 / PW / 2018.
(Old case No.1291/Misc/2017)
(b) The date of the commission
of the offence.
: 25.06.2012.
(c) The name of the Informant. : The State (D. N. Nagar Police
Station in C. R. No.200/2012)
(d) The name of the accused
persons and their parentage
and residence;
: 1) Virendrasingh
Jogindersingh Bharara @
Balli,
Age : 50 years, Occ : Business,
Res : Andheri (W), Mumbai.
2) Simrajsingh
Virendrasingh Bharara,
Age : 35 years, Occ : Business,
Res : Andheri (W), Mumbai.
(e) The offence complained of : Under sections 324, 323, 504
r/w 34 of the Indian Penal
Code.
(f) The plea of the accused and
their examination.
: The accused pleaded not
guilty.
(g) The final order : The accused are acquitted.
(h) The date of such order : 27.02.2019.
(i) Brief statement of reasons : As recorded herein below.
Assistant Public Prosecutor : Shri P. S. Sapkale.
Advocate for both the accused : Shri Sanjay Mishra.
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2 C. C. No. 1892 / PW / 2018.
(Old case No.1291/Misc/2017)
ORAL JUDGMENT UNDER SECTION 355 OF THE CODE OF
CRIMINAL PROCEDURE.
The accused are facing trial for the offences punishable
under sections 324, 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 Dhanraj Bhanji
Makwana at Exh.4 came to be recorded. As no incriminating
evidence has come on record against the accused, hence, the
statement of accused under section 313 of the Code of Criminal
Procedure is dispensed with. I have heard Shri P. S. Sapkale, Ld.
APP for the State and Shri Sanjay Mishra Ld. Advocate for both the
accused at length. I have perused the evidence on record very
minutely and carefully.
3 In so far as evidence on record is concerned, PW1 Dhanraj is
the informant, aggrieved and only injured of this case. He has not
supported the case of prosecution. Per contra, he has denied the
incident of assault. He has also filed a joint pursis at Exh.5 quoting
therein that he does not want to proceed with the case. Hence, in
view of non support of this most relevant witness, the allegations
leveled against accused cannot be proved in any manner. Hence, I
am satisfied to acquit the accused by passing following order
….......... 3
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3 C. C. No. 1892 / PW / 2018.
(Old case No.1291/Misc/2017)
O R D E R
i Accused Nos.1) Virendrasingh
Jogindersingh Bharara @ Balli and 2) Simrajsingh
Virendrasingh Bharara are acquitted of the
offences punishable under sections 324, 323, 504
r/w 34 of the Indian Penal Code vide Sec. 248 (1)
of the Code of Criminal Procedure.
ii Bail bonds of both the accused stand
cancelled.
iii Both the accused shall furnish bonds of
Rs.10,000/ by each under section 437(A) of the
Code of Criminal Procedure.
Sd/
Dt. 27.02.2019. (R. R. Khan)
Metropolitan Magistrate,
10th Court, Andheri, Mumbai.
Sat.
Dictated on : 27.02.2019.
Transcribed on : 27.02.2019.
Signed on : 27.02.2019.
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