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. :- 04/SW/2024.
CNR NO. :- MHMM26-000056-2024 Exh. :- _____
The Union of India,
Through Railway Protection Force
Churchgate R. P. F., Mumbai.
(C. R. No. 3225/2023). …. Complainant.
V/s.
Prasanjit s/o Tapan Jana
Age :- 27 Years., Occupation :- Business.
R/o. :- Bhayander, Thane. …. Accused.
Charge :- Punishable under section 143(1)(a) of the Railways Act,
1989.
JUDGMENT
(Delivered on 11th day of September 2026)
Today, the accused is present before the Court with his Ld.
Advocate Shri. Vikas Mourya. The accused voluntarily pleaded guilty
vide Exh.11. 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. Vikas Mourya 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 a poor person. So also, the accused is a 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) The accused namely Prasanjit s/o Tapan Jana 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. 10,000/- (Rupees Ten Thousand Only) in
default of payment of fine the accused shall suffer
simple imprisonment for 01 (One) month.
02) The accused to surrender his bail bonds.
03) The seized 14 nos. live E-tickets, 05 nos. used E-
tickets and 01 no. A4 size paper on which 04 Nos.
IRCTC personal user IDs were written be destroyed,
as per rules, after the appeal period is over.
04) The amount of seized live E-tickets be forfeited to the
Western Railway.
05) The seized Samsung Company mobile handset has
already been temporarily returned to the accused on
executing his indemnity bond. The said indemnity
bond shall stand cancelled after appeal period is over
and the accused to retain the said mobile handset
absolutely.
06) Copy of judgment be given to the accused free of cost.
Date :- 11.09.2026.
Alam.
sd/-
(Tushar B. Waje)
Metropolitan Magistrate,
36th Court, Mumbai Central Railway, Mumbai.
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