Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C. C. No. 2238 / PW / 2018.
C/S filed on : 20.08.2018.
Decided on : 20.09.2022.
Duration : 04 Y, 01M & 00 D
Exh. 6
IN THE COURT OF THE METROPOLITAN MAGISTRATE,
44TH COURT, ANDHERI, MUMBAI.
(PRESIDED OVER BY A. I. SHAIKH)
(a) The serial number of the
case.
C. C. No.2238 / PW / 2018.
(b) The date of the commission
of the offence.
17.07.2015.
(c) The name of the Informant. The State (Versova Police
Station in C. R. No.254/2015)
(d) The name of the accused
person and his parentage
and residence;
Mr. Nasir Usman Khan
Age : 46 years, Occ : Nil
Res : Andheri (W), Mumbai.
(e) The offence complained of Under section 326, 323 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 is acquitted.
(h) The date of such order 20.09.2022.
(i) Brief statement of reasons As recorded herein below.
Assistant Public Prosecutor : Smt. Seema Mokal.
Advocate for the accused : Shri. Ashish Zapade
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2 C. C. No. 2238 / PW / 2018.
ORAL JUDGMENT UNDER SECTION 355 OF THE CODE OF
CRIMINAL PROCEDURE.
The accused is facing trial for the offences punishable under
section 326, 323 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 Mr. Janardan
Ramchandra Kale at Exh.4 came to be recorded. As no
incriminating evidence has come on record against the accused
persons, hence, his statement under section 313 of the Code of
Criminal Procedure is dispensed with. I have heard Smt. Seema
Mokal, the learned APP for State and Shri. Ashish Zapade, the
learned Advocate for 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
Mr. Janardan Kale is the informant, aggrieved and injured of this
case. He has not supported the case of prosecution. Per contra, he
has denied the incident of assault. Both the parties have filed a
joint pursis dated 02.07.2022 at Exh.5 quoting therein that the
informant do not want to proceed with the case. Hence, in view of
non support of this most relevant witness, the allegations leveled
against the accused cannot be proved in any manner. Hence, I am
satisfied to acquit the accused by passing following order
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3 C. C. No. 2238 / PW / 2018.
O R D E R
i The accused Mr. Nasir Usman Khan is
acquitted of the offence punishable under section
326, 323 of the Indian Penal Code vide Sec.248
(1) of the Code of Criminal Procedure.
ii Bail bond of accused stand cancelled.
iii The accused shall furnish bond of
Rs.10,000/ under section 437(A) of the Code of
Criminal Procedure.
Date: 20.09.2022 (A. I. Shaikh)
Metropolitan Magistrate,
44 th Court, Andheri, Mumbai.
Dictated on : 20.09.2022
Checked on : 20.09.2022
Signed on : 20.09.2022
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4 C. C. No. 2238 / PW / 2018.
ORDER BELOW EXH.1.
The informant has not supported the case of
prosecution and denied the incident of assault.
Additionally she has filed a compromise pursis at Exh.5
and requested for closure of case on account of his
settlement with accused. As per request of Ld. APP
evidence side of prosecution is closed. As no incriminating
circumstances appeared against accused, therefore his
statement u/s. 313 of Cr. P. C is dispensed with.
Arguments are heard and judgment is delivered today
itself.
Sd/
Date: 20.09.2022 (A. I. Shaikh)
Metropolitan Magistrate,
44th Court, Andheri, Mumbai.
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