Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 Judgment in C. C. No.2799/PW/2018
Filed on .. 10.10.2018
Registered on .. 10.10.2018
Delivered on .. 23.09.2025
Duration .. 06Y 11M 13D
CNR No.MHMM-1901-0503-2018
Exh.13
IN THE COURT METROPOLITAN MAGISTRATE ,
65th COURT, 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.2799/PW/2018
(b) The date of commission of
offence;
On 05.05.2018
(c) The name of the informant,
if any;
: Through PSO Andheri Police
Station (CR No.232/2018)
(d) The name of the accused
person, his parentage and
residence;
: 1) Nandan Rajendra Singh
Age : 18 years
Occupation : Education
R/o. Room No.1, Kapilsingh chawl,
Andheri East, Mumbai.
2) Dheeraj @ Akshay Pradeep
Sahu (Abated)
3) Jishan Naushad Khan
Age : 21 years
Occupation : Service
R/o. Room No.18/2, Mithu Yadav
chawl, Andheri East, Mumbai.
4) Suraj Narsingh Rajbhar
Age : 20 years
Occupation : Service
R/o. Room No.6, Ramnath Kadiya
chawl, Andheri East, Mumbai.
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2 Judgment in C. C. No.2799/PW/2018
(e) The offence complained of
or proved;
: U/Sec.323,324,504,506 r/w. 34 of
the Indian Penal Code
(f) The plea of the accused and
his examination, (if any);
: Accused pleaded not guilty
(g) The final order; : Accused are acquitted
h) The date of such order; : 23.09.2025
Appearance : Ld. APP. Prakash Shejal for the State
Ld. Adv. Harish Shetty for the accused
JUDGMENT
(Delivered on 23.09.2025)
1. Accused have been charge-sheeted for the offences
punishable U/Sec.323,324,504,506 r/w. 34 of the Indian Penal Code
(for short “IPC”).
The prosecution case in short is as follows :-
On 05.05.2018 at about 03.00 p.m., at Andheri Kurla Cross
Road, in front of Sangam Cinema, Andheri East, Mumbai, accused in
furtherance of their common intention, voluntarily caused hurt to the
informant by cable wire, wooden stick and also fists & blow, therefore,
informant sustained injury. Thereafter, the informant lodged report
against the accused. On the basis of report Andheri Police station has
registered an offence bearing Crime No.232/2018. During the
investigation, the Investigating Officer has recorded statement of
witnesses, prepared spot panchanama as well as seizure panchanama,
seized wooden bamboo and cable wire, collected medical certificate
from the hospital. After completion of investigation submitted charge-
sheet against the accused.
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3 Judgment in C. C. No.2799/PW/2018
2. My Learned Predecessor has framed charge against the
accused vide Exh.2 on dtd. 17.10.2022 and it read over and explained
to accused in vernacular, to which they pleaded not guilty and claimed
to be tried. Their defence is of total denial and false implication. During
the trial accused no.2 Dheeraj @ Akshay Pradeep Sahu got expired and
case abated against him on dtd. 22.07.2025.
3. As there is no any incriminating evidence against accused,
therefore statement of accused U/sec. 313 of Criminal Procedure Code
stands dispensed with.
4. Following points arise for my determination and I have
recorded findings thereon for the reasons discussed herein after :-
S.NO. POINTS FINDINGS
1 Does prosecution prove that on 05.05.2018 at
about 03.00 p.m., at Andheri Kurla Cross Road,
in front of Sangam Cinema, Andheri East,
Mumbai, accused in furtherance of their
common intention, voluntarily caused hurt to
the informant by hand and thereby committed
an offence P/U/Sec.323 r/w 34 of the IPC. ?
...Not
proved
2 Does prosecution prove that on the above date,
time & place, accused in furtherance of their
common intention, voluntarily caused hurt to
informant by means of wooden stick and cable
wire and thereby committed an offence
P/U/Sec.324 r/w 34 of the IPC?
...Not
proved
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4 Judgment in C. C. No.2799/PW/2018
3 Does prosecution prove that on the above date,
time & place, accused in furtherance of their
common intention insulted the informant by
words and knowing it to be likely that such
provocation will cause informant to break
public peace and thereby committed an offence
punishable u/sec. 504 r/w 34of IPC?
...Not
proved
4 Does prosecution prove that on the above said
date, time & place, accused in furtherance of
their common intention, committed criminal
intimidation by threatening informant and
witness with intent to cause alarm to him and
thereby committed an offence punishable
U/Sec. 506 r/w Sec.34 of IPC ?
...Not
proved
5 What order ? Accused
are
acquitted
R E A S O N S
As to points No. 1 to 5 :
5. In order to prove guilt of the accused, the prosecution has
examined only one witness i.e. P.W. No.1 Mohd. Imran Umar Khan at
Exh.11. Thereafter, the prosecution filed evidence closed pursis,
therefore, evidence of prosecution closed by passing order below Exh.1.
6. P.W. No.1 informant Mohd. Imran Umar Khan deposed that
on 05.05.2018 when he was drinking a tea, some people came and
assaulted to him with fists and blows. Thereafter, his friend brought to
him in Cooper Hospital. At the instance, he had signed on the papers.
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5 Judgment in C. C. No.2799/PW/2018
FIR Exh.12 bears his signature but he doesn’t know it contents therein.
As the witness not supported the prosecution case, Ld. A.P.P. sought the
permission to cross-examined him. During the cross-examination
conducted by Ld. APP, he admitted that, the matter has been settled
between him and the accused out of court and there is no dispute
between him and accused persons and he doesn’t want to proceed with
this matter.
7. It is pertinent to note that, the informant has not supported 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 facts and circumstances, I
come to the conclusion that prosecution has not proved the case against
the accused beyond reasonable doubt, therefore, I answered points No.1
to 4 are in the negative and for answering point No.5, I pass following
order :-
ORDER
1) Accused viz. 1) Nandan Rajendra Singh 3) Jishan
Naushad Khan and 4) Suraj Narsingh Rajbhar are acquitted
vide Section 248(1) of the Cr.P.C. for the offences punishable
U/Sec. 323,324, 504,506 r/w. 34 of the Indian Penal Code
2) Bail bonds of accused stands cancelled.
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6 Judgment in C. C. No.2799/PW/2018
3) Accused are directed to furnish P.B. of Rs.15,000/- each
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. wooden stick and cable wire
ykdMh ckacw o dscy ok;j being worthless be destroyed after
appeal period is over.
5) Judgment dictated & declared in an open Court.
Date : 23.09.2025 (Hashmi H.A.H.I.)
Metropolitan Magistrate,
65th Court, Andheri, Mumbai.
ask
Dictated &
typed on : 23.09.2025
Signed on : 23.09.2025
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