Final Order 1

Order Details: Copy  of Judgment
Pdf Text: Judgment 1 C. C. No. 1935/PW/2018
C/S filed on : 19/07/2018
Registered on : 19/07/2018
Decided on : 02/09/2026
Duration : 08 Y 01 M 14 D
Exh.12
IN THE COURT OF THE JUDICIAL MAGISTRATE (F.C.)
10TH COURT, ANDHERI, MUMBAI.
(PRESIDED OVER BY S.G.AGRAWAL)
C. C. No. 1935/PW/2018 (C.R. No.58/2017)
(C.N.R.No. MHMM19-008086-2018)
The State of Maharashtra,
Through Police Station Officer,
Juhu Police Station, Mumbai. ……… Informant.
V/s.
1. Tarikh Yunus Abbas Shaikh,
Age: 40 Yrs.
R/o. R.No.28, Sadabahar CHS,
Andheri (W), Mumbai.
2. Parvej Sultan Shah,
Age : 42 Yrs.
R/o. R.No. 553, Gavdevi Dongri,
Makrani Pada, Andheri (W), Mumbai.
3. Tohsif Yunus Abbas Shaikh,
Age : 37 Yrs.
4. Anish Yunus Abbas Shaikh,
Age : 35 Yrs.
A/No. 3 and 4 R/o. Sadabahar CHS,
Juhu Lane, Near Yunus,
Andheri (W), Mumbai. ………. Accused.
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The Ld. APP for State : Shri. Shaikh
The Ld. Advocate for accused : Shri. Shetty
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Judgment 2 C. C. No. 1935/PW/2018
PART-B
Date of Offence 26/01/2017
Date of FIR 26/01/2017
Date of Charge-sheet 19/07/2018
Date of Framing Charge 01/06/2023
Date of commencement of evidence 13/09/2023
Date of which Judgment is reserved 02/09/2026
Date of Judgment 02/09/2026
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 Tarikh Yunus
Abbas Shaikh
14/07/2017 14/07/2017 S. 323,
336, 504,
506(ii),
379, 143,
147 r/w
149 of
IPC
Acquitted ----- -----
2 Parvej Sultan
Shah
14/07/2017 14/07/2017 Acquitted ----- -----
3 Tohsif Yunus
Abbas Shaikh
14/07/2017 14/07/2017 Acquitted ----- -----
4 Anish Yunus
Abbas Shaikh
14/07/2017 14/07/2017 Acquitted ----- -----
J U D G M E N T
(Delivered on 02/09/2026)
Accused are prosecuted for the offences punishable under
Sections 323, 336, 504, 506(ii), 379, 143, 147 r/w 149 of Indian Penal
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Judgment 3 C. C. No. 1935/PW/2018
Code.
Facts of the prosecution case in short are as under :
2. FIR No. 58/2017 was registered with police station Juhu
against accused on the report of informant that accused have formed an
unlawful assembly and caused hurt to the informant, abused him and
gave threats of life as well as they have stolen Rs. 8,000/- from the
possession of the informant. The informant also reported that accused
have committed riots. PSI Gawade has conducted investigation and
after concluding investigation, he presented charge-sheeted before the
Court.
3. On 01/06/2023 accused have pleaded innocence upon the
charge read over and explained to them and trial commenced.
Prosecution adduced evidence of only injured informant Arif Shaikh. As
there was no incriminating circumstances against accused, their
statement u/Sec. 313 of Cr.P.C. was dispensed with.
4. Heard the Ld. APP for the State and the Ld. Advocate for
accused. Perused the oral and documentary evidence brought on record.
On the basis of evidence of witness examined by the prosecution and
arguments submitted by both sides, 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
26/01/2017 in between 00.00 hours to 00.30
hours at Cooper Hospital, Ground Floor, in
No
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Judgment 4 C. C. No. 1935/PW/2018
front of open place of Lift No.7 and 8, Juhu,
Mumbai, accused before the Court alongwith
absconding accused and other four unknown
persons, were the member of an unlawful
assembly, the common object of which was to
deter and cause hurt, have voluntarily caused
hurt to the informant ?
2] Does the prosecution prove that accused
before the Court alongwith absconding
accused and other four unknown persons,
being a member of unlawful assembly, acted
so rashly or negligently as to endanger
human life or the personal safety of others ?
No
3] Does the prosecution prove that accused
before the Court alongwith absconding
accused and other four unknown persons,
being a member of unlawful assembly,
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] Does the prosecution prove that accused
before the Court alongwith absconding
accused and other four unknown persons,
being a member of unlawful assembly,
threatened the informant with dire
No
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Judgment 5 C. C. No. 1935/PW/2018
consequences of life with intention to cause
him alarm ?
5] Does the prosecution prove that accused
before the Court alongwith absconding
accused and other four unknown persons,
being a member of unlawful assembly, torn
the shirt of the informant and committed
theft of approximately Rs. 8,000/-, out of the
possession of informant ?
No
6] Does the prosecution prove that accused
before the Court alongwith absconding
accused and other four unknown persons,
continued to be the member of unlawful
assembly even after being aware of the fact
that its object is unlawful i.e. to deter and to
hurt the informant ?
No
7] Does the prosecution prove that accused
before the Court alongwith absconding
accused and other four unknown persons,
were the member of an unlawful assembly
having object to deter and hurt the informant
and committed offence of rioting ?
No
8] What order ? Accused are
acquitted
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Judgment 6 C. C. No. 1935/PW/2018
REASONS
AS TO POINT NOs. 1 TO 7 :-
5. The prosecution is required to prove that accused before
the Court alongwith absconding accused and other four unknown
persons, have formed an unlawful assembly the common object of
which was to assault and to cause hurt to the informant. The
prosecution is also required to prove that the accused before the Court
alongwith absconding accused and other four unknown persons have
committed riots. To prove the formation of unlawful assembly and the
object of the assembly the prosecution adduced evidence of the
informant Arif Moinuddin Shaikh. He has stated that he acquainted
with accused as they were working for political party Congress. He
further states that on 25/01/2017 at about 12.30 in the midnight he
had arguments with 40-50 persons including accused at Cooper
Hospital and he was pushed and shoved by the mob. Therefore he gave
statement at police station over which he has put his signature.
However, he did not speak anything about the contents of the report. He
denied that 40-50 persons including accused have assaulted him in a
quarrel and accused Tarikh gave fist blows on his nose and Amjad and
Sohail have rescued him.
6. The evidence of prosecution was closed as the informant
did not want to prosecute the accused. He has filed pursis Exh.10 before
the Court. He admitted on oath that the matter is settled between him
and accused and he do not want to proceed the case against accused.
Interestingly, the informant disowned his own statement. He did not
disclose any act done by accused. The informant seems to be wholly
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Judgment 7 C. C. No. 1935/PW/2018
unreliable witness. The witness list do mention the name of other
witnesses but, in absence of any statement from the victims, the
statement of other witnesses would not be helpful in bringing home the
guilt of accused and therefore, they were not examined. There is
settlement of the informant with accused as per his own statement on
record. As such there is no iota of evidence to draw inference that
accused committed any act amounting to alleged offences. Hence,
accused are entitled to be acquitted. Therefore, I answer point Nos. 1 to
7 in the negative.
AS TO POINT NO. 8 :
7. The prosecution failed to prove guilt of the accused.
Therefore, the accused are entitled to be acquitted. In the result, in
answer to point No.8, I pass the following order.
ORDER
1 Accused No. 1. Tarikh Yunus Abbas Shaikh accused No. 2. Parvej
Sultan Shah, accused No. 3. Tohsif Yunus Abbas Shaikh and accused
No. 4. Anish Yunus Abbas Shaikh are acquitted of the offence
punishable under Sections 323, 336, 504, 506(ii), 379, 143, 147 r/w
149 of the Indian Penal Code vide Section 248 (1) of the Code of
Criminal Procedure.
2 Bail bond of the accused stands cancelled and they be set at liberty.
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Judgment 8 C. C. No. 1935/PW/2018
3 Each accused shall furnish bond of Rs.10,000/- under Section
437(A) of the Code of Criminal Procedure.
Mumbai.
Date :- 02/09/2026.
Dictated on : 02/09/2026.
Transcribed on : 02/09/2026.
Signed on : 02/09/2026.
Sd/-
(S.G.Agrawal)
Judicial Magistrate First Class,
10th Court, Andheri, Mumbai.
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Judgment 9 C. C. No. 1935/PW/2018
PART-C
LIST OF PROSECUTION/ DEFENCE/ COURT WITNESSES
A. Prosecution :
RANK NAME NATURE OF EVIDENCE
PW1 Arif Moinuddin Shaikh (Exh.9) 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 Nil Nil
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 Nil
Sd/-
Mumbai. (S.G.Agrawal)
Date :- 02/09/2026. Judicial Magistrate First Class,
10th Court, Andheri, Mumbai.
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