Order 1

Order Details: Order
Pdf Text: 1
IN THE COURT OF METROPOLITAN MAGISTRATE
44TH COURT, ANDHERI, MUMBAI.
C.C.No.3358/PW/2018
State of Maharashtra
(Through Versova Police Station), ….Prosecution
V/s.
Imran Malang Shaikh and Another, …. Accused
ORDER BELOW EXH. NO.04.
The accused No.2 Abrar Gaus Ahmed Shaikh who is alleged to
have committed the offence punishable under section 379 r/w. 34 of the
Indian Penal Code filed this application for discharge under section 239 of Cr.
P.C. on the ground that the case was filed against him with ulterior motive
and the accusations has no probative value. According to the
applicant/accused, the material ingredients of the alleged offence are not
made out and this case came to be filed to abuse the process of law and to
damage the reputation of the accused. Hence, he prayed to discharge him
from this case.
2. On the other hand, the learned APP opposed the application on
the ground that the prima facie case is made out against the accused and the
alleged offence are serious and therefore, this application is not tenable.
3. Having heard the learned advocates for both the sides, I perused
the record.
4. In the present case on hand, the Nivedan panchanama reveals
that there is involvement of the accused no.1 and 2 in the said offence.
Moreover, there is ample material placed on record to demonstrate the role of
the accused. Apart from this, during the course of investigation, the stolen
property is said to have been seized from the accused Abrar. All these
documents are yet to be proved. Hence, in my opinion, unless and until the
-- 1 of 2 --
2
prosecution is given a chance of leading evidence, the present application on
hand is not tenable. In short, having regard to the allegation levelled against
the accused no.2 and the material documents which demonstrate the role of
the accused in the present case on hand, I am not inclined to discharge the
accused no.2 at this premature stage. Accordingly, I pass the following
order:
O R D E R
The application stands rejected.
Sd/
( Sujitkumar C. Tayde )
Date : 18.03.2024 Metropolitan Magistrate,
44th Court, Andheri, Mumbai.
-- 2 of 2 --