Final Order 1

Order Details: Copy  of Judgment
Pdf Text: (Judgment) 1 C. C. NO. 3000/PW/2018
Received on :- 03/11/2018
Registered on :- 03/11/2018
Decided on :- 19/09/2025
Duration :- 06 Y 10 M 16 D
Exh. :- 10
PART-A
IN THE COURT OF THE JUDICIAL MAGISTRATE FIRST CLASS,
10th COURT, ANDHERI, MUMBAI.
(PRESIDED OVER BY S.G.AGRAWAL)
C. C. NO. 3000/PW/2018
CNR NO. MHMM19-011662-2018
The State of Maharashtra,
Through Police Station Officer,
D.N.Nagar Police Station,
Mumbai. ……… Informant.
V/s.
Mohd. Akram Ejaz Sayyed,
Age : 40 Yrs.
R/o. Akram Chawl, Andheri(W),
Mumbai. ………. Accused.
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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 30/08/2017
Date of FIR 31/08/2017
Date of Charge-sheet 03/11/2018
Date of Framing Charge 06/11/2023
Date of commencement of evidence 15/02/2024
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(Judgment) 2 C. C. NO. 3000/PW/2018
Date of which Judgment is reserved 29/08/2025
Date of Judgment 19/09/2025
Date of the Sentencing Order, if any. ---
Accused Details
Sr.
No.
Name of
Accused
Date of
Arrest
Date of
Release on
Bail
Offenc
e
charge
d with
Whether
acquitted
or
convicted
Sente
nce
Impo
sed
Period of
Detention
Undergon
e during
Trial for
purpose
of Section
428
Cr.P.C.
1 Mohd.
Akram
Ejaz
Sayyed
11/10/2017 11/10/2017 S. 324,
504,
506
of IPC
Acquitted ----- -----
J U D G M E N T
(Delivered on 19/09/2025)
1. The accused is prosecuted for the offences punishable under
Sections 324, 504, 506 of the Indian Penal Code.
Facts of the prosecution case in short are as under :
2. On 30/08/2017 at about 11.30 hours at N.C. Phadke Road,
Near Mamu Chinese, Andheri (W), Mumbai, the accused assaulted the
informant by sharp weapon on his back. He also threatened and abused
the informant. The injured informant took treatment at hospital and then
he reported the matter to Juhu Police station.
3. FIR No. 505 of 2017 was registered on the report of
informant. PSI Kashid investigated the crime. He visited the spot, recorded
statement of witnesses, collected injury certificate, arrested the accused
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(Judgment) 3 C. C. NO. 3000/PW/2018
and concluded investigation by presenting chargesheet.
4. The accused was summoned and the charge was read over
and explained to him. However he did not plead guilty. His plea of
innocence was recorded on 06/11/2023. Prosecution adduced evidence of
only one witness i.e. PW1 informant Devendra Bhajanlal Namdev. As there
is no incriminating evidence against accused, his statement under Section
313 of Cr.P.C. is dispensed with.
5. Heard the Ld. APP for the State and the Ld. Advocate for
accused. Perused the oral and documentary evidence brought on record.
6. The points for determination alongwith my findings thereon
as under :-
Sr.No. POINTS FINDINGS
1] Does the prosecution prove that on
30/08/2017 at about 11.30 hours Near
Mamu Chinese, N.C. Phadke Road, Andheri
(W), Mumbai accused voluntarily caused hurt
to he informant by means of fist blows and
some sharp weapon, is likely to cause
death ?
No
2] Does the prosecution prove that on abovesaid
date, time and place accused committed
criminal intimidation by threatening to the
informant ?
No
3] Does the prosecution prove that on abovesaid No
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(Judgment) 4 C. C. NO. 3000/PW/2018
date, time and place accused intentionally
insulted the informant by abusing him and
thereby gave provocation to the informant
intending or knowing it to be likely that such
provocation will cause informant to break
public peace ?
4] What order ? The accused is
acquitted
REASONS
AS TO POINT NOS. 1 TO 3 :-
7. In order to bring home the guilt of the accused, the
prosecution has relied only upon the testimony of the informant. The PW1
informant in his examination-in-chief has stated that on 30/08/2017 some
boys were consuming liquor. When he asked them to leave, one of them
assaulted him due to which he fell down and light went off. He further
stated that he could not identify the said person who assaulted him. He
lodged FIR at Exh.6. During his cross he admitted that he has settled the
matter with the accused out of the Court and he do not want to proceed
further against the accused and he has filed pursis at Exh.7. The informant
has not supported the case of the prosecution.
8. Upon perusal of evidence adduced by the prosecution it
appears that the informant PW1 has not supported the case of prosecution
as he has settled the matter with the accused and they have filed a pursis
at Exh.7 mentioning that, he has settled the matter with the accused and
he do not want to proceed with the case against accused. As the case is
settled between the parties the prosecution has not examined any other
witnesses. In such circumstances, I hold that the prosecution has failed to
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(Judgment) 5 C. C. NO. 3000/PW/2018
prove the guilt of accused beyond reasonable doubt. Therefore, I answer
point Nos. 1 to 3 in the negative.
AS TO POINT NO. 4 :
9. The prosecution failed to prove guilt of the accused.
Therefore, accused is entitled to be acquitted. In the result, in answer to
point No. 4, I pass the following order.
ORDER
1 Accused Mohd. Akram Ejaz Sayyed is acquitted of the offence
punishable under Sections 324, 504, 506 of the Indian Penal Code
vide Section 248 (1) of the Code of Criminal Procedure.
2 Bail bond of the accused stands cancelled and he be set at liberty.
3 The accused shall furnish bond of Rs.10,000/- under Section
437(A) of the Code of Criminal Procedure.
Mumbai.
Date :- 19/09/2025.
Dictated on : 19/09/2025.
Transcribed on : 19/09/2025.
Signed on : 19/09/2025.
(S.G.Agrawal)
Judicial Magistrate First Class,
10th Court, Andheri, Mumbai.
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(Judgment) 6 C. C. NO. 3000/PW/2018
PART-C
LIST OF PROSECUTION/ DEFENCE/ COURT WITNESSES
A. Prosecution :
RANK NAME NATURE OF EVIDENCE
PW1 Devendra Bhajanlal Namdev (Exh.5) Informant
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.6 FIR
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
Mumbai. (S.G.Agrawal)
Date :- 19/09/2025. Judicial Magistrate First Class,
10th Court, Andheri, Mumbai.
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