Final Order 1

Order Details: Copy  of Judgment
Pdf Text: - 1 - C. C. No. 2325 / PW / 2018.
C/S filed on : 23.08.2018.
Decided on : 03/01/2022
Duration : 03 Y 04 M 10 D
Exh. 8
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. 2325 / PW / 2018.
(b) The date of the commission
of the offence.
: 15.05.2018.
(c) The name of the Informant. : The State (D. N. Nagar Police
Station in C. R. No.
240/2018)
(d) The name of the accused
person and his parentage
and residence;
: 1) Smt. Nirmala Ajit Gite,
Age : 38 years,
Occ : Household,
Res:Andheri (W), Mumbai.
2) Smt. Ashwini Arvind
Padwal, Age : 47 years,
Occ : Household,
Res : Andheri (W), Mumbai.
3) Smt. Ujwala Ravindra
Bobde, Age : 42 years,
Occ : Service.
Res : Andheri (W), Mumbai.
4) Mr. Arvind Keshav Padaval
Age : 59 years, Occ : Service,
Res Andheri (W), Mumbai.
5) Smt. Asmita Anand Sawant
Age: 64 years,
Occ: Household,
Res: Andheri (W), Mumbai.
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- 2 - C. C. No. 2325 / PW / 2018.
(e) The offence complained of : Under sections 324, 323, 114,
142, 143, 144, 147, 148, 149
of the Indian Penal Code.
(f) The plea of the accused and
his examination.
: The accused pleaded not
guilty.
(g) The final order : The accused are acquitted.
(h) The date of such order : 03.01.2022.
(i) Brief statement of reasons : As recorded herein below.
Assistant Public Prosecutor : Shri. Shah
Advocate for the accused : Shri. Ghag
ORAL JUDGMENT UNDER SECTION 355 OF THE CODE OF
CRIMINAL PROCEDURE.
The accused are facing trial for the offences punishable
under sections 324, 323, 114, 142, 143, 144, 147, 148, 149 of the
Indian Penal Code.
2 In order to prove the guilt of the accused persons,
prosecution has examined only one witness. The evidence of PW1
Smt. Gitanjali Raju Karekar at Exh.6 came to be recorded. As no
incriminating evidence has come on record against the accused
persons, hence, their statements under section 313 of the Code of
Criminal Procedure is dispensed with. I have heard Shri. Shah, Ld.
APP for the State and Shri. Ghag learned Advocate for the accused
at length. I have perused the evidence on record very minutely and
carefully.
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- 3 - C. C. No. 2325 / PW / 2018.
3 In so far as evidence on record is concerned, PW1 Smt.
Gitanjali is the informant, aggrieved and injured of this case. She
has not supported the case of prosecution. Per contra, she has
denied the incident of assaulting and abuses. She has also filed an
affidavit at Exh. 7 quoting therein that she do 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 -
O R D E R
i Accused Nos.1) Smt. Nirmala Ajit Gite, 2)
Smt. Ashwini Arvind Padaval, 3) Smt. Ujwala
Ravindra Bobde, 4) Mr. Arvind Keshav Padaval and
5) Smt. Asmita Anand Sawant are acquitted of the
offences punishable under sections 324, 323, 114,
142, 143, 144, 147, 148, 149 of the Indian Penal
Code vide Sec.248 (1) of the Code of Criminal
Procedure.
ii Bail bonds of the accused stand cancelled.
iii All accused shall furnish bond of
Rs.10,000/- each under section 437(A) of the
Code of Criminal Procedure.
Sd/-
Dt. 03/01/2022 (R. R. Khan)
Metropolitan Magistrate,
10th Court, Andheri, Mumbai.
Dictated on : 03.01.2022
Transcribed on : 03.01.2022
Signed on : 03.01.2022
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