Final Order 1

Order Details: Copy  of Judgment
Pdf Text: - 1 - C. C. No. 2827/ PW / 2018.
C/S filed on : 12.10.2018.
Decided on : 18.04.2023.
Duration : 04 Y 06M 06D.
Exh.7.
IN THE COURT OF THE METROPOLITAN MAGISTRATE,
10TH COURT, ANDHERI, MUMBAI.
(PRESIDED OVER BY SMT. R. M. SHAIKH)
(a) The serial number of the
case.
: C. C. No.2827 / PW / 2018.
(b) The date of the commission
of the offence.
: 25.11.2017
(c) The name of the Informant. : The State (D. N. Nagar Police
Station in C. R. No.664/2017)
(d) The name of the accused
person and his parentage
and residence;
: Shafi Ahamad Khan
Age : 58 years, Occ : Business,
Res : Andheri (W), Mumbai.
(e) The offence complained of : Under sections 324, 323, 504
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 : 18.04.2023.
(i) Brief statement of reasons : As recorded herein below.
Assistant Public Prosecutor : Shri. A. M. Shah
Advocate for the accused : Mr. Mousham Shah
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- 2 - C. C. No. 2827/ PW / 2018.
ORAL JUDGMENT UNDER SECTION 355 OF THE CODE OF
CRIMINAL PROCEDURE.
1. The accused is facing trial for the offences punishable under
sections 324, 323, 504 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 Rehana Shafi
Khan at Exh.6 came to be recorded. As no incriminating evidence
has come on record against the accused, hence, his statement
under section 313 of the Code of Criminal Procedure is dispensed
with. Heard learned APP for the State and learned Advocate for
the accused person. Perused the oral and documentary evidence
brought on record.
3 In so far as evidence on record is concerned, PW1 Rehana
Shafi Khan is the informant/injured person who is the wife of
accused. She has not supported the case of prosecution and
contained that on account of sale of house quarrel took place
between herself and accused. However she denied the incident of
assault by accused on her. So also the accused and informant have
filed a joint pursis at Exh.5 quoting therein that they have settled
their dispute and the informant do not want to proceed with the
case. The accused has admitted spot panchnama at Exh.8. Apart
from informant prosecution has not examined any other
independent witness or Investigation officer or medical officer to
prove the injuries of informant. Hence, the allegations leveled
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- 3 - C. C. No. 2827/ PW / 2018.
against the accused is not proved by the prosecution beyond all
reasonable doubt and therefore the accused is liable to be
acquitted. In the result, I proceed to pass following order -
O R D E R
i Accused Shafi Ahamad Khan is acquitted of
the offences punishable under sections 324, 323,
504 of the Indian Penal Code vide Sec. 248 (1) of
the Code of Criminal Procedure.
ii Bail bonds of the accused stand cancelled.
iii The accused shall furnish bond of
Rs.10,000/- under section 437(A) of the Code of
Criminal Procedure.
Pronounced in open Court.
Sd/-
Dt. 18.04.2023. (R. M. Shaikh)
Metropolitan Magistrate,
10th Court, Andheri, Mumbai.
ssk
Dictated on : 18.04.2023
Typed on : 18.04.2023
Signed on : 18.04.2023
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