Final Order 1

Order Details: Copy  of Judgment
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
36th COURT MUMBAI CENTRAL, MUMBAI.
C. C. NO. :- 26/SW/2025. Exh. :-
The Union of India,
Through Railway Protection Force,
Churchgate R.P. F., Mumbai.
(C. R. No. 513/2025). …. Complainant.
V/s.
1. Asma Saeed Shaikh
Age :- 44 Years., Occupation :- Nil.
R/o. :- Ulhasnagar, Thane. …. Accused.
2. Nuruddin Shaikh
Age :- 45 Years., Occupation :- Nil.
R/o. :- Do Taki, Mumbai.
Charge :- Punishable under section 143 of the Railways Act, 1989.
JUDGMENT
(Delivered on 10th day of May, 2025)
Today Accused are present before the Lok Adalat Panel with
his Ld. Counsel Adv. Shri. H. A. Vora. The accused voluntarily plead
guilty vide application Exh. 08. I therefore, hold accused guilty for the
offence punishable under section 143 of the Railway Act, 1989 and
proceed to hear them on the point of sentence.
2. I have heard the Ld. Counsel Adv. Shri. H. A. Vora for
accused. He has submitted that, accused are not previously convicted.
He has further submitted that, they will not commit such type of offence
in the future. Therefore, he prays for leniency. I have also heard the Ld.
Sr. P.P.. He has submitted that, maximum fine may be imposed.
3. I have gone through the submissions, made by the defence
counsel and also made by the prosecution. Considering the nature of
offence, I am of a view that, accused is not entitled for the benefit of
probation. In such circumstance, I am of a view that, the following
sentence would be sufficient to meet the ends of justice. Hence, I pass
the following order :-
-- 1 of 2 --
ORDER
(01) Accused No. 01 Asma Saeed Shaikh and accused no. 02
Nuruddin Shaikh are hereby convicted for the offence
punishable under section 143 of the Railways Act, 1989
vide section 269 (3) of the B.N.S.S. and they are
sentenced to Pay fine of 5,000/- (Five Thousand)each in
default of payment of fine accused are sentenced to
suffer Simple Imprisonment for 07 (Seven) days each.
(02) Accused to surrender their bail bonds.
(03) The seized 01 no. JCRT Ticket be destroyed, as per
rules, after the appeal period is over.
(04) The seized ticket amount be confiscated to the Western
Railway if any.
(05) Copy of judgment be given to accused free of cost.
Date :- 10/05/2025.
Alam.
sd/-
(B. K. Gawande)
Judicial Magistrate (First Class)
36th Court, Mumbai Central, Mumbai.
Head of the Panel for Lok-Adalat.
-- 2 of 2 --