Final Order 2

Order Details: Copy  of Judgment
Pdf Text: Judgment 1 C. C. No. 2186/PS/2018
C/S filed on : 02/08/2018
Registered on : 02/08/2018
Decided on : 11/08/2026
Duration : 08 Y 00 M 09 D
Exh. 10.
IN THE COURT OF THE JUDICIAL MAGISTRATE (F.C.)
10TH COURT, ANDHERI, MUMBAI.
(PRESIDED OVER BY S.G.AGRAWAL)
C. C. No. 2186/PS/2018 (C.R.No. 67/2018)
(C.N.R.No. MHMM19-007640-2018)
J U D G M E N T
(u/Sec. 355 of Cr.P.C.)
(a) The serial number of the case. : C. C. No. 2186/PS/2018.
(b) The date of the commission of
the offence.
: On 04/05/2018
(c) The name of the Informant. : The State (Jogeshwari Police
Station in C.R. No. 67/2018)
(d) The name of the accused
person and their parentage
and residence;
: Pravin Khimabhai Prajapati,
Age : 57 years,
R/o. D/202, Green Woods,
Chakala, Andheri (E), Mumbai.
(e) The offence complained of : Under Section 279, 338 of IPC
(f) The plea of the accused and
their examination.
: Accused pleaded not guilty.
(g) The final order : Accused is acquitted.
(h) The date of such order : 11/08/2026
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Judgment 2 C. C. No. 2186/PS/2018
(i) Brief statement of reasons : As recorded herein below.
Assistant Public Prosecutor : Shri. F. L. Shaikh.
The Ld. Advocate for accused : Smt. Dipika.
JUDGMENT
(Delivered on 11/08/2026)
The prosecution was required to prove that the accused had
driven his motorcar bearing MH-48-A-5827 proceeding towards Gufa
Road in a manner so rash or negligent to endanger the public safety and
suddenly took right turn and dashed to motorcycle bearing No. MH-02-
EM-3177 and caused grievous hurt to the motorcycle rider named
Aniket Jadhav.
2. The accused had pleaded innocence and trial commenced.
None of the witnesses except the investigating officer was examined by
the prosecution. The statement of the accused u/Sec. 313 of Cr.P.C. was
recorded wherein he stuck to his defece of false implication.
3. Heard the Ld. APP for the State and Ld. Advocate for
accused.
4. To prove the guilt of the accused, the prosecution has failed
to secure the presence of informant and injured witness Aniket Jadhav
inspite of issuing summons repeatedly. As per police reports their
whereabouts are not traced out. Therefore, the prosecution has failed to
examine them. The prosecution could only examine IO API Swapnil
Thakre (PW1) who recorded the FIR on the report of the informant and
conducted investigation of the crime. He has given account of
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Judgment 3 C. C. No. 2186/PS/2018
investigation referring to spot panchanama (Exh.7) and injury report of
the injured witness (Exh.8).
5. Accused has not disputed injury certificate of the
informant. It means that it is undisputed that injured witness Aniket
Jadhav has sustained injuries in an accident. However, it does not prove
the ingredients of Section 279 or 338 of IPC. The prosecution has failed
to examine eye witness. There is no evidence on record to show that the
accused has driven motorcar in his possession either so rashly or
negligently as to endanger the human life or to cause injury to any
other person. Therefore, accused is entitled to be acquitted. In the
result, I proceed to pass following order:
ORDER
i Accused Pravin Khimabhai Prajapati is
acquitted of the offences punishable under Section
279, 338 of the IPC vide section 255 (1) of the Code of
Criminal Procedure.
ii Bail bonds of the accused stands cancelled.
iii He shall furnish bond of Rs.10,000/- under
section 437(A) of the Code of Criminal Procedure.
Sd/-
(S. G. Agrawal)
Judicial Magistrate (F.C.)
Date: 11/08/2026. 10th Court, Andheri, Mumbai. Di
9/10/2023
Dictated on : 11/08/2026.
Transcribed on : 11/08/2026.
Signed on : 11/08/2026.
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