Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C. C. No. 3339 / PW / 2018.
C/S filed on : 17.12.2018.
Decided on : 17.12.2018.
Duration : 1 Day.
Exh. 6
IN THE COURT OF THE METROPOLITAN MAGISTRATE,
10TH COURT, ANDHERI, MUMBAI.
(PRESIDED OVER BY R. R. KHAN)
(a) The serial number of the
case.
: C. C. No.3339 / PW / 2018.
(b) The date of the commission
of the offence.
: 29.08.2017
(c) The name of the Informant. : The State (D. N. Nagar Police
Station in C. R. No.503/2018)
(d) The name of the accused
person and her parentage
and residence;
: Smt. Shahnazbanu Imtiyaz
Khan,
Age : 29 years, Occ : Housewife,
Res : Nala Sopara, DistPalghar.
(e) The offence complained of : Under section 324 of the
Indian Penal Code.
(f) The plea of the accused and
her examination.
: The accused pleaded not
guilty.
(g) The final order : The accused is acquitted.
(h) The date of such order : 17.12.2018.
(i) Brief statement of reasons : As recorded herein below.
Assistant Public Prosecutor : Shri P. S. Sapkale.
Advocate for the accused : Shri Shankar Kamble.
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2 C. C. No. 3339 / PW / 2018.
ORAL JUDGMENT UNDER SECTION 355 OF THE CODE OF
CRIMINAL PROCEDURE.
The accused is facing trial for the offence punishable under
section 324 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 Imtiyaz Gulam
Husain Khan at Exh.4 came to be recorded. I have heard Shri
Gosavi, incharge Ld. APP for the State and Shri Shankar Kamble
Ld. Advocate for the accused at length. I have perused the
evidence on record very minutely and carefully.
3 In so far as evidence on record is concerned, PW1 Imtiyaz is
the informant, aggrieved and only injured of this case. He has not
supported the case of prosecution. Per contra, he has denied the
incident of assault. He has also filed a pursis at Exh.5 quoting
therein that he do not want to proceed with the case as accused is
his wife. Hence, in view of non support of this most relevant
witness, the allegations leveled against accused cannot be proved
in any manner. Hence, I am satisfied to acquit the accused by
passing following order
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3 C. C. No. 3339 / PW / 2018.
O R D E R
i Accused Smt. Shahnazbanu Imtiyaz Khan is
acquitted of the offence punishable under section
324 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 bonds of
Rs.10,000/ under section 437(A) of the Code of
Criminal Procedure.
Sd/
Dt. 17.12.2018. (R. R. Khan)
Metropolitan Magistrate,
10th Court, Andheri, Mumbai.
Sat.
Dictated on : 17.12.2018.
Transcribed on : 17.12.2018.
Signed on : 17.12.2018.
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