Final Order 1

Order Details: Copy  of Judgment
Pdf Text: Judgment 1 C. C. No. 1701/PW/2018
C/S filed on : 26/06/2018
Registered on : 26/06/2018
Decided on : 01/09/2026
Duration : 08 Y 02 M 06 D
Exh. 8.
IN THE COURT OF THE JUDICIAL MAGISTRATE (F.C.)
10TH COURT, ANDHERI, MUMBAI.
(PRESIDED OVER BY S.G.AGRAWAL)
C. C. No. 1701/PW/2018
(C.R.No. 113/2018)
(C.N.R.No. MHMM19-008063-2018)
The State of Maharashtra,
Through Police Station Officer,
D.N.Nagar Police Station, Mumbai. ……… Informant.
V/s.
Islam Ahmed Shaikh,
Age : 54 Yrs.
R/o. In front of Garib Nawaz Hotel,
Juhu Galli, B.M.C. Road,
Andheri (W), Mumbai. ………. Accused.
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The Ld. APP for State : Shri. Shaikh
The Ld. Advocate for accused : Shri. Patel
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PART-B
Date of Offence 24/02/2018
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Judgment 2 C. C. No. 1701/PW/2018
Date of FIR 25/02/2018
Date of Charge-sheet 26/06/2018
Date of Framing Charge 23/08/2023
Date of commencement of evidence 18/12/2023
Date of which Judgment is reserved 01/09/2026
Date of Judgment 01/09/2026
Date of the Sentencing Order, if any. ---
Accused Details
Sr.
No
.
Name of
Accused
Date of
Arrest
Date of
Release on
Bail
Offence
charged
with
Whether
acquitted
or
convicted
Sente
nce
Impos
ed
Period of
Detention
Undergon
e during
Trial for
purpose
of Section
428
Cr.P.C.
1 Islam Ahmed
Shaikh
25/02/2018 08/03/2018 S. 326,
323, 504
of IPC
Acquitted ----- -----
J U D G M E N T
(Delivered on 01/09/2026)
Accused is prosecuted for the offences punishable under
Sections 326, 323, 504 of Indian Penal Code.
Facts of the prosecution case in short are as under :
2. FIR No. 113/2018 was registered with police station
D.N.Nagar on the report of informant in respect of causing grievous
hurt and abusing to him. API Patil had recorded the FIR, recorded
statement of witnesses, prepared spot panchanama. Also he collected
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Judgment 3 C. C. No. 1701/PW/2018
injury certificate, arrested accused by drawing arrest panchanama and
conducted investigation by presenting chargesheet.
3. On 23/08/2023 accused has pleaded innocence upon the
charge read over and explained to him and trial commenced.
Prosecution adduced evidence of injured informant Mohd. Rizwan
Qureshi. The statement of accused u/Sec. 313 of Cr.P.C. was recorded
wherein he had stuck to his defence of total denial and false implication
in the case.
4. Heard the Ld. APP for the State and the Ld. Advocate for
accused. Perused the oral and documentary evidence brought on record.
5. On the basis of evidence of witness examined by the
prosecution and argument submitted by the Ld. APP for State and Ld.
Advocate for accused, following points for determination arose for my
consideration. I have recorded my findings to them along with my
findings thereon as under :-
Sr.No. POINTS FINDINGS
1] Does the prosecution prove that on
24/02/2018 at 23.30 hours in front of Hiba
Saloon, in front of Garib Nawaj Hotel, Juhu
Galli, Andheri (W), Mumbai, accused
voluntarily caused grievous hurt to the
informant by means of wooden bamboo ?
No
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Judgment 4 C. C. No. 1701/PW/2018
2] Does the prosecution prove that on abovesaid
date, time and place accused voluntarily
caused hurt to the informant ?
No
3] Does the prosecution prove that on abovesaid
date, time and place accused intentionally
insulted the informant by abusing him and
thereby gave provocation to him intending or
knowing it to be likely that such provocation
will cause informant to break public peace ?
No
4] What order ? Accused is
acquitted
REASONS
AS TO POINT NOs. 1 TO 3 :-
6. The prosecution must prove that the accused on
24/02/2018 at 23.30 hours in front of Hiba Saloon, in front of Garib
Nawaj Hotel, Juhu Galli, Andheri (W), Mumbai, voluntarily caused
grievous hurt with wooden bamboo to the informant. The prosecution is
also required to prove that accused has provoked him by intentional
insult. To prove the same the prosecution has relied only on the
testimony of the informant. He has stated that on 24/02/2018 in the
evening quarrel took place between him and accused wherein accused
assaulted him with bamboo on his hand and head. Further he has stated
that he sustained fracture injury to his hand’s finger. Therefore, he
lodged report to the police station against accused at Exh.6.
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Judgment 5 C. C. No. 1701/PW/2018
7. The defence has admitted injury report (Exh.8). A careful
conjoint reading of informant’s testimony with injury report shows that
there are major contradictions in the testimony of the first informant.
The first contradiction is about time of alleged incident as the informant
testified that incident took place in the evening while the injury report
disclose history of injury as assault at 1.00 a.m. Further, injury report
shows that there was a lacerated wound at left arm caused by sharp
weapon but, the same was not fresh injury and was self inflicted by
blade. The informant has not explained these self inflicted injury. The
other two injuries include fracture on hand and swelling on frontal
region. However, the informant was swelling alcoholic at the time of
his examination. Thus, the contradiction in the statement given by the
first informant and history narrated by him to the doctor makes his
testimony before the Court unworty of credit.
8. Apart from it his cross-examination shows that he has no
interest in prosecuting the accused. He has admitted that he did file
pursis Exh.7 with his signature stating that he has voluntarily signed it.
It appears that he had settled the dispute with the accused. He admitted
that he is habitual drunker. All these attending circumstances caused me
to disbelive his testimony. Therefore, I answer point Nos. 1 to 3 in the
negative.
AS TO POINT NO. 4 :
9. The prosecution has failed to prove guilt of the accused.
Therefore, the accused is entitled to be acquitted. In the result, in
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Judgment 6 C. C. No. 1701/PW/2018
answer to point No.4, I pass the following order.
ORDER
1 Accused Islam Ahmed Shaikh is acquitted of the offence punishable
under Sections 326, 323, 504 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 Accused shall furnish bond of Rs.10,000/- under Section
437(A) of the Code of Criminal Procedure.
Mumbai.
Date :- 01/09/2026.
Dictated on : 01/09/2026.
Transcribed on : 01/09/2026.
Signed on : 01/09/2026.
Sd/-
(S.G.Agrawal)
Judicial Magistrate First Class,
10th Court, Andheri, Mumbai.
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Judgment 7 C. C. No. 1701/PW/2018
PART-C
LIST OF PROSECUTION/ DEFENCE/ COURT WITNESSES
A. Prosecution :
RANK NAME NATURE OF EVIDENCE
PW1 Mohd. Rizwan Qureshi Informant
B. Defence Witnesses, if any :
RANK NAME NATURE OF EVIDENCE
-- NIL --
C. Court Witnesses, if any :
RANK NAME NATURE OF EVIDENCE
-- NIL --
LIST OF PROSECUTION/DEFENCE/COURT EXHIBITS
A. Prosecution :
S.N Exh. No. Description
1 Exh.6 FIR
B. Defence :
Sr.No. Exh. No. Description
1 Nil Nil
C. Court Exhibits :
Sr.No. Exh. No. Description
1 Nil Nil
D. Material Objects :
Sr.No. Exh. No. Description
1 -- Nil
Sd/-
Mumbai. (S.G.Agrawal)
Date :- 01/09/2026. Judicial Magistrate First Class,
10th Court, Andheri, Mumbai.
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