Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 Judgment in C. C. No.2728/PW/2018
Filed on .. 04.10.2018
Registered on .. 04.10.2018
Delivered on .. 29.01.2024
Duration .. 05Y 03M 25D
CNR No.MHMM190100012018
Exh.12
BEFORE 65th METROPOLITAN MAGISTRATE,
ANDHERI, MUMBAI.
(Presided over by Hashmi H.A.H.I.)
(Judgment as per Sec. 355 of the Cr.P.C.)
(a) The serial number of the
case;
: C.C. No.2728/PW/2018
(b) The date of commission of
offence;
On 17.01.2018
(c) The name of the informant,
if any;
: Through PSO Andheri Police
Station (CR No.31/2018)
(d) The name of the accused
person, his parentage and
residence;
: Shailendra Rajendra Dwivedi
Age : 28 years
Occupation : Service
R/o. CTS Survey No.97,
Room No.3, Madh Iland, Malad,
Mumbai
(e) The offence complained of
or proved;
: U/Sec.324,504 of the Indian Penal
Code
(f) The plea of the accused and
his examination, (if any);
: Accused pleaded not guilty
(g) The final order; : As Per Final Order
h) The date of such order; : 29.01.2024
Appearance : Ld. APP. Samrat Patil for the State
Ld. Adv. Ms. Singh for the accused
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2 Judgment in C. C. No.2728/PW/2018
JUDGMENT
(Delivered on 29.01.2024)
1. Accused has been chargesheet ed for the offences punishable
U/Sec.324,504 of the Indian Penal Code (for short “IPC”).
The prosecution case in short is as follows :
On 17.01.2018 at about 10.20 hours, at Ikra Mobile shop,
Andheri Metro Station, Andheri, Mumbai accused abused the informant
due to not properly fixed glass cover on his mobile phone by the
informant. On that count dispute arose between them. Thereafter,
accused assaulted the informant by iron rod (plate) on left side of his
head. Thereafter, informant lodged complaint against the accused. On
the basis of complaint Andheri Police station has registered an offence
before Crime No.31/2018. During the investigation, the Investigating
Officer recorded statement of witnesses, prepared spot panchanama as
well as seizure panchanama, seized iron rod (plate), collected medical
certificate from the hospital. After completion of investigation submitted
chargesheet against the accused.
2. I have framed charge against the accused vide Exh.3 and it
read over and explained to accused in vernacular, to which he pleaded
not guilty and claimed to be tried. His defence is of total denial and
false implication.
3. Since no incriminating evidence against accused, therefore
statement of accused U/sec. 313 of Criminal Procedure Code stands
dispensed with.
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3 Judgment in C. C. No.2728/PW/2018
4. Following points arise for my determination and I have
recorded findings thereon for the reasons discussed herein after :
S.NO. POINTS FINDINGS
1 Whether prosecution proves that on
17.01.2018 at about 10.20 hours, at Ikra
Mobile shop, Andheri Metro Station, Andheri,
Mumbai, accused voluntarily caused hurt to the
informant namely Amarnath Yadav by means
of iron rod (plate) and thereby committed an
offence P/U/Sec.324 of the IPC?
...Not
proved
2 Whether prosecution proves that on the above
date, time & place, accused insulted by abusing
the informant and thereby gave provocation to
him intending that such provocation would
cause him to break the public peace and
thereby committed an offence punishable
P/U/Sec.504 of the IPC ?
...Not
proved
3 What order ? Accused is
acquitted
R E A S O N S
As to points No. 1 to 3 :
5. In order to prove guilt of the accused, the prosecution has
examined only one witness i.e. P.W. No. 1 Amarnath Ramdhani Yadav
at Exh.8. Thereafter, the prosecution filed evidence closed pursis,
therefore, evidence of prosecution closed by passing order below Exh.1.
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4 Judgment in C. C. No.2728/PW/2018
6. P.W. No.1 informant Amarnath Ramdhani Yadav deposed
that the incident was occurred prior about 45 years in Andheri Metro.
But he doesn't remember the incident. He further deposed that he had
lodged the complaint against the accused due to misunderstanding. FIR
is at Exh.10. As the witness not supported the prosecution case, Ld.
A.P.P. sought the permission to crossexamine him. During the cross
examination conducted by Ld. APP, he denied that accused assaulted to
him with iron rod (plate) therefore, he sustained injury on his head. He
further admitted that, now the matter has been settled amongst them
out of court and now there is no dispute between him and accused and
he doesn't want to proceed with this matter.
7. During his crossexamination conducted by advocate for the
accused he admitted that now the matter has been settled amongst them
out of court and now there is no dispute between him and accused and
he doesn't want to proceed with this matter.
8. It is pertinent to note that, as per the prosecution case, the
informant is not supporting to the prosecution, hence, nothing
incriminating evidence came on record against the accused. It is also
pertinent to note that from the evidence of prosecution, it appears that
the compromise took place between informant and accused, therefore,
the prosecution has not examined further evidence in this matter.
Considering the facts and circumstances, I come to the conclusion that
prosecution has not proved the case against the accused beyond all
reasonable doubt, therefore, I answered points No.1 to 2 are in the
negative and for answering point No.3, I pass following order :
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5 Judgment in C. C. No.2728/PW/2018
ORDER
1) Accused viz. Shailendra Rajendra Dwivedi is acquitted
vide Section 248(1) of the Cr.P.C. for the offences punishable
U/Sec. 324,504 of the Indian Penal Code
2) Bail bond of accused stands cancelled.
3) Accused is directed to furnish P.B. of Rs.15,000/ for
appearance before the Hon'ble Appellate Court, in case
appeal is filed against the judgment of this Court vide Section
437(A) of the Cr.P.C.
4) Seized muddemal i.e. iron rod (plate)being worthless
be destroyed after appeal period is over.
5) Judgment dictated & declared in an open Court.
sd/
Date : 29.01.2024 (Hashmi H.A.H.I.)
Metropolitan Magistrate
65th Court, Andheri, Mumbai.
ask
Dictated &
typed on : 29.01.2024
Signed on : 29.01.2024
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