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. 98/SW/2023. Exh. :-
The Union of India,
Through Railway Protection Force,
Churchgate R. P. F., Mumbai.
(C. R. No. 757/2023). …. Complainant.
V/s.
1. Vijay s/o Ramprasad Chaurasiya
Age :- 55 Years., Occupation :- Business.
R/o. :- Kalbadevi Road, Mumbai
2. Santosh Kumar s/o Lalataprasad Chaurasiya
Age :- 41 Years., Occupation :- Nil
R/o. :- Nalasopara, Palghar. …. Accused.
Charge :- Punishable under section 143(1)(a) of the Railways Act,
1989.
JUDGMENT
(Delivered on 20th day of February 2026)
Today, the accused are present before the Court with their
Ld. Advocate Shri. B. N. Tiwari. The accused voluntarily pleaded guilty
vide Exh.17. The accused are 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 their vernacular. The
accused 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 them on the point of sentence.
2. I have heard the Ld. Advocate Shri. B. N. Tiwari for the
accused. He has submitted that accused have not been previously
convicted. He further submitted that the accused will not commit such
type of offence in future. The accused are the only earning member of
their families 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 are poor persons. So also, the accused are the
-- 1 of 3 --
first time offender and there are no criminal antecedents against them.
Therefore, lenient view needs to be taken while imposing sentence upon
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 Vijay s/o Ramprasad Chaurasiya and
accused no. 02 Santosh Kumar s/o Lalataprasad
Chaurasiya are 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 they are sentenced to suffer simple
imprisonment till rising of the Court and they are also
sentenced to pay fine of Rs. 10,000/- (Rupees Ten
Thousand only) each in default of payment of fine the
accused are sentenced to suffer Simple Imprisonment
for 15 (Fifteen) days each.
02) The accused to surrender their bail bonds.
03) The seized 23 nos. live E-ticket and 124 nos. used E-
tickets 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 One Plus Company mobile handset and
Dell Company Laptop have already been temporarily
returned to the accused no. 01 on executing his
indemnity bond. The said indemnity bond shall stand
cancelled after appeal period is over and the said
accused to retain the said mobile handset and Laptop
absolutely.
-- 2 of 3 --
06) Copy of judgment be given to the accused free of cost.
Date :- 20.02.2026.
Alam.
sd/-
(Tushar B. Waje)
Metropolitan Magistrate,
36th Court, Mumbai Central Railway, Mumbai.
-- 3 of 3 --