Final Order 1

Order Details: Copy  of Judgment
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
36th COURT MUMBAI CENTRAL RAILWAY, MUMBAI.
C. C. NO. 02/SW/2021. Exh. :-
The Union of India,
Through Mumbai Central Local
Railway Protection Force, Mumbai.
(C. R. No. 1644/2020). …. Complainant.
V/s.
1. Sunil Kumar s/o Hari Shankar Gupta
Age :- 40 Years., Occupation :- Nil.
R/o. :- Mahalaxmi, Mumbai …. Accused.
Charge :- Punishable under section 143(1)(a) of the Railways Act,
1989.
JUDGMENT
(Delivered on 10th day of April 2026)
Today, the accused is present before the Court with his Ld.
Advocate Shri. G. S. Tiwari. The accused voluntarily pleaded guilty vide
Exh.20. The accused is facing trial for the offence punishable under
section 143(1)(a) of the Railway Act, 1989. Accordingly, the charge is
framed against the accused for the offence punishable under section
143(1)(a) of the Railway Act, 1989. The contents of charge were read
over and explained to the accused in his vernacular. The accused again
voluntarily pleaded guilty. I therefore, hold the accused guilty for the
offence punishable under section 143(1)(a) of the Railway Act, 1989
and proceed to hear him on the point of sentence.
2. I have heard the Ld. Advocate Shri. G. S. Tiwari for the
accused. He has submitted that accused has not been previously
convicted. He further submitted that the accused will not commit such
type of offence in future. The accused is the only earning member of his
family and therefore he prays for leniency. I have also heard the Ld. Sr.
P. P.. He submitted that maximum fine sentence may be imposed.
3. The accused is poor person. So also, the accused is the first
time offender and there are no criminal antecedents against him.
Therefore, lenient view needs to be taken while imposing sentence upon
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the accused. In the circumstances above, the following sentence would
be sufficient to meet the ends of justice. In result thereof, I pass the
following order :-
ORDER
01) Accused no. 01 namely Sunil Kumar s/o Hari Shankar
Gupta is hereby convicted for the offence punishable
under section 143(1)(a) of the Railways Act, 1989 vide
section 246 (3) of the Code of Criminal Procedure
and he is sentenced to suffer simple imprisonment till
rising of the Court and he is also sentenced to pay
fine of Rs. 5,000/- (Rupees Five Thousand only) in
default of payment of fine the accused are sentenced
to suffer Simple Imprisonment for 15 (Fifteen) days.
02) The accused to surrender his bail bonds.
03) The seized 03 nos. live E-tickets, 27 nos. used tickets,
01 no. A-4 size paper having 02 printed user IDs,
police information memo be destroyed, as per rules,
after the appeal period is over.
04) The amount of seized live E-Ticket be forfeited to the
Western Railway.
05) The seized cash amount of Rs. 280/- (Rupees Two
Hundred Eighty only) be credited to Government, as
per rules.
06) The seized one mobile handset and one Vivo company
mobile handset, if same are in working condition be
sold in public auction and amount realized there from
be credited to Western Railway's account, as per rules.
If these two mobile handset are not in working
condition, it be disposed of as per the rules after the
appeal period is over.
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07) The seized HP Company laptop has already been
ordered to be returned temporarily to accused no. 01
on executing his indemnity bond. The said indemnity
bond shall stand cancelled after appeal period is over
and the accused no. 01 to retain the said laptop
absolutely.
08) Copy of judgment be given to the accused free of cost.
Date :- 10.04.2026.
Alam.
sd/-
(Tushar B. Waje)
Metropolitan Magistrate,
36th Court, Mumbai Central Railway, Mumbai.
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