Final Order 1

Order Details: Copy  of Judgment
Pdf Text: Judgment 1 C. C. No. 2820/PW/2018
C/S filed on : 11/10/2018
Registered on : 11/10/2018
Decided on : 12/05/2026
Duration : 07 Y 07 M 01 D
Exh. 16.
IN THE COURT OF THE JUDICIAL MAGISTRATE (F.C.)
10TH COURT, ANDHERI, MUMBAI.
(PRESIDED OVER BY S.G.AGRAWAL)
C. C. No. 2820/PW/2018
(C.R.No. 299/2018)
(C.N.R.No. MHMM19-010526-2018)
The State of Maharashtra,
Through Police Station Officer,
D.N.Nagar Police Station, Mumbai. ……… Informant.
V/s.
1. Harun Amir Shaikh,
Age : 55 Yrs.
2. Ejaz Harun Shaikh @ Ajju,
Age : 25 Yrs.
3. Hajrabi Harun Shaikh,
Age : 47 Yrs.
4. Anis Harun Shaikh,
Age : 29 Yrs.
All R/o. Sadabahar Mohalla, Sagarcity
Gilbert Hill Road, Andheri (W),
Mumbai. ………. Accused.
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Judgment 2 C. C. No. 2820/PW/2018
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The Ld. APP for State : Shri. Shaikh
The Ld. Advocate for accused : Shri. Shetty
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PART-B
Date of Offence 29/06/2018
Date of FIR 29/06/2018
Date of Charge-sheet 11/10/2018
Date of Framing Charge 24/08/2023
Date of commencement of evidence 12/12/2023
Date of which Judgment is reserved 12/05/2026
Date of Judgment 12/05/2026
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 Harun Amir
Shaikh
06/07/2018 06/07/2018 S. 323,
324, 504,
506 r/w
34 of IPC
Acquitted ----- -----
2 Ejaz Harun
Shaikh @ Ajju
06/07/2018 06/07/2018 Acquitted ----- -----
3 Hajrabi Harun
Shaikh
06/07/2018 06/07/2018 Acquitted ----- -----
4 Anis Harun
Shaikh
20/07/2018 20/07/2018 Acquitted ----- -----
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Judgment 3 C. C. No. 2820/PW/2018
J U D G M E N T
(Delivered on 12/05/2026)
Accused are prosecuted for the offences punishable under
Sections 323, 324, 504, 506 r/w 34 of Indian Penal Code.
Facts of the prosecution case in short are as under :
2. FIR No. 299/2018 was registered with police station
D.N.Nagar on the report of informant in respect of committing assault
as well as abused and given threats to him. He therefore, reported the
matter to the police station. PSI Vikas Patil had recorded the FIR,
recorded the statement of witnesses, collected injury report and
prepared spot panchanama and after concluding investigation,
presented charge-sheeted before the Court.
3. On 24/08/2023 accused have pleaded innocence upon the
charge read over and explained to them and trial commenced.
Prosecution adduced evidence of informant Sajjak Rajjak Shaikh (PW1),
Sana Sameer Khan (PW2), Shahin Ahmed Shaikh (PW3) and IO API
Vikas Patil (PW3). As there was no incriminating circumstances against
accused, his 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.
5. On the basis of evidence of witness examined by the
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Judgment 4 C. C. No. 2820/PW/2018
prosecution and argument submitted by the Ld. APP for State, 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 on
29/06/2018 at 5.00 p.m. at Sagarcity,
Andheri (W), Mumbai, in furtherance of their
common intention, voluntarily caused hurt to
informant, her sister Sana Samir Khan and
her friend Roshan Shaikh ?
No
2] Does the prosecution prove that on abovesaid
date, time and place accused in furtherance
of their common intention, voluntarily caused
hurt to the informant and witnesses by means
of wooden bamboo, used as weapon of
offence, is likely to cause death ?
No
3] Does the prosecution prove that on abovesaid
date, time and place accused in furtherance
of their common intention, intentionally
insulted the informant and witnesses by
abusing them and thereby gave provocation
to them intending or knowing it to be likely
that such provocation will cause informant to
No
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Judgment 5 C. C. No. 2820/PW/2018
break public peace ?
4] Does the prosecution prove that on abovesaid
date, time and place accused No.1
committed criminal intimidation by
threatening to the informant ?
No
5] What order ? Accused are
acquitted
REASONS
AS TO POINT NOs. 1 TO 4 :-
6. The prosecution must prove that on 29/06/2018 in the
evening at about 5.00 p.m. at Sagar City Andheri (W), the accused Nos.
1 to 4 have voluntarily caused hurt to informant Sajjak Shaikh by means
of wooden bamboo stick as well as his sister Sana Khan by pulling her
hairs. The prosecution has also required to prove that the accused have
intentionally insulted informant and his sister by abusing them thereby
provoking him to commit breach of peace. The prosecution has also
required to prove that the accused have alarmed the informant and his
sister with intimidation to kill.
7. To prove the same the prosecution examined Sajjak Shaikh
(PW1), his sister Sana Khan (PW2) and another sister Shahin Khan
(PW3). They were asked about the incident dated 29/06/2018. The
informant Sajjak has stated that the accused No.4 Anis had abused him.
Except this he did not mention any other fact which would give
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Judgment 6 C. C. No. 2820/PW/2018
inference of commission of any other act or omission on the part of
accused. He even did not mention the reason of abuse. He also did not
state what words were allegedly used by accused No.4. He was given
some suggestion to refresh his memory but, he did not speak anything
against the accused. Later with the permission the Court, questions
permissible in cross-examination were put to him but, he did not admit
that the accused Nos. 1 to 4 have dealt him with fist blows and also to
his sisters. He flatly refused to admit that contents of his police
statement.
8. His sister Sana Shaikh as well as Shahin Shaikh have also
not stated anything against the accused. Rather, while being put the
questions permissible in cross-examination, they disowned the contents
of their own police statement.
9. The prosecution has also examined the IO who has given
account of his investigation and stated that he seized bamboo stick from
the spot. Spot panchanama is admitted by defence (Exh.113). However,
the whole panchanama nowhere disclosed any incriminating material.
10. It is the matter of the record that the IO in pursuance to his
investigation has collected injury report of Sajjak Shaikh (Exh.15). The
injury report Exh.15 dated 18/07/2018 shows that Sajjak had
approached for medical examination at 7.52 p.m. with history of assault
by 4 persons by means of bamboo stick and knife. The accused has
admitted this injury report which shows that multiple linear abrasions
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Judgment 7 C. C. No. 2820/PW/2018
over left back with contusions over left parietal region and blunt trauma
over abdomen and chest were found on his person. However, the
informant himself has not stated about any assault done to him by any
of the accused. Therefore, it could not be said that the injuries
mentioned in report Exh.15 were caused to informant by the accused.
11. In the present case the oral testimonies recorded through
prosecution are absolutely contradictory to the medical evidence
collected by the IO. These testimonies cannot be believed as the
witnesses appear to be wholly unreliable witness. Infact, it is the matter
of record that against the informant has been accused of causing
grivous hurt to present accused No.4 Anis for which FIR was registered
at the same time bearing C.R.No. 300/2018. The charge-sheet in the
said matter is registered as C.C.No. 3165/PW/2018 and is listed on
today’s criminal cause list of this Court.
12. The informant while under cross-examination by accused
has admitted that he has settled the matter with accused and therefore,
filed pursis Exh.8. There is no iota of evidence to show that accused has
caused simple hurt to informant Sajjak for which they are charged. The
testimony of Sajjak (PW1) is absolutely silent on the ingredients of
Section 504 and 506 of IPC. Consequently, none of the charges are
proved by the prosecution. As such the accused are entitled to be
acquitted. Therefore, I answer point Nos. 1 to 4 in the negative.
AS TO POINT NO. 5 :
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Judgment 8 C. C. No. 2820/PW/2018
13. 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. 5, I pass the following order.
ORDER
1 Accused No. 1. Harun Amir Shaikh, accused No. 2. Ejaz Harun
Shaikh @ Ajju, accused No. 3. Hajrabi Harun Shaikh and accused
No. 4. Anis Harun Shaikh are acquitted of the offence punishable
under Sections 323, 324, 504, 506 r/w 34 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.
3 Seized wooden bamboo being worthless be destroyed after
appeal period is over.
4 Each accused shall furnish bond of Rs.10,000/- under Section
437(A) of the Code of Criminal Procedure.
Mumbai.
Date :- 12/05/2026.
Dictated on : 12/05/2026.
Transcribed on : 12/05/2026.
Signed on : 12/05/2026.
(S.G.Agrawal)
Judicial Magistrate First Class,
10th Court, Andheri, Mumbai.
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Judgment 9 C. C. No. 2820/PW/2018
PART-C
LIST OF PROSECUTION/ DEFENCE/ COURT WITNESSES
A. Prosecution :
RANK NAME NATURE OF EVIDENCE
PW1 Sajjak Rajjak Shaikh (Exh.6) Informant
PW2 Sana Sameer Khan(Exh.9) Witness
PW3 Shain Ahmed Shaikh (Exh.10) Witness
PW4 Vikas Gulabrao Patil (Exh.11) Investigating Officer
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 Exh.12 FIR
2 Exh.13 Spot panchanama
3 Exh.14 Portion mark A’ from statement of witness
4 Exh.15 Injury certificate
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
Mumbai. (S.G.Agrawal)
Date :- 12/05/2026. Judicial Magistrate First Class,
10th Court, Andheri, Mumbai.
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