Final Order 1

Order Details: Copy  of Judgment
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE (FIRST	CLASS),
36" COURT MUMBAI CENTRAL RAILWAY,MUMBAI.
MHMM26-000966-2025 C. C. NO. :- 46/SW/2025
“
C. R. No. 967/2025
Bi .a|
8 of Churchgate Railway Protection
a: .
Force, Mumbai.
co Exh. :-
a
The Union ofIndia,
Through
Churchgate Railway Protection Force, Mumbai.
(C. R. No. 967/2025) ...
Complainant.
V/s.
Abdul Karim Khan S/o Faroog Khan
Age :- 47 Years., Occupation :- Nil. _
R/o. :- Room No. B-01, Mangalmurti Chawl, Valai.... “Accused.
Pada Road, Santosh Bhavan, in front of Santoshi
:
Mata Temple, Nalasopara (E), Vasai, Palghar
Charge :- Punishable under section 143 (1)(a) of the Railways Act,
1989.
JUDGMENT
(Delivered on 13" day of September, 2025)
Today, the accused is present before the Court with his Id.
Advocate Shri. B. N. Tiwari. The accused voluntarily pleaded guilty vic
Exh.05. The accused is facing trial for the offence punishable under sectioi
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) ol
the Railway Act, 1989. The contents of charge were read over and
explained to the accused in his vernacular. The accused voluntarily pleaded
guilty. I therefore, hold the accused guilty for the offence punishable unde:
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. B. N. 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 RP. tic
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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
the accused. In the circumstances above, the following sentence would be
sufficient to meet the ends ofjustice. In result thereof, I pass the following
order :-
ORDER
(01) The accused namely Abdul Karim Khan S/o Farooq
Khan is hereby convicted for the offence punishable
under section 143 (1)(a) of the Railways Act, 1989 vide
section 269 (3) of the Bharatiya Nagarik Suraksha
Sanhita, and he is sentenced to pay fine of Rs.5,000/-
(Five Thousand) in default of payment of fine the
accused is sentenced to suffer Simple Imprisonment for
15 (Fifteen) days.
(02) The accused to surrender his bail bonds.
(03) The seized O01 nos. JCRT ticket be destroyed, as per
,
rules, after the appeal period is over.
(04) The amount of seized live JCRT ticket be forfeited to the
Western Railway.
(05) Copyof judgment be given to the accused free of en
@.
/ 3690(Tushar B. Waje)
Date :- 13.09.2025. Judicial Magistrate (First Class)
36" Court, Mumbai Central Railway, Mumbai.
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