Final Order 1

Order Details: Copy  of Judgment
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
36" COURT MUMBAI CENTRAL, MUMBAI.
C. C. NO. :- 138/SW/2023. Exh. :-
The Union of India,
Through Railway Protection Force,
Bandra Terminus R.B E, Mumbai.
(C. R. No. 2047/2023). ...
Complainant.
V/s.
Abdul Basit s/o Abdul Sattar Khan
Age :- 35 Years., Occupation :- Business.
R/o. :- Bandra (E), Mumbai. ... Accused.
Charge :- Punishable under section 143 (1)(a) of the Railways Act, 1989.
JUDGMENT
(Delivered on 13" day of September 2025)
Today Accused is present before the Court. The accused
voluntarily plead guilty vide application Exh.07. The accused is facing
trial for the offence punishable under section 143(1) (a) of the Railway Act,
1989. The accused submitted that he wants to plead guilty. 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. Kiran Rane 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. PR. 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 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 :
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ORDER
(01) Accused namely Abdul Basit s/o Abdul Sattar Khan 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 pay fine of Rs. 10,000/- (Rupees Ten
Thousand Only) in default of payment of fine accused is
sentenced to suffer simple imprisonment for 15
(Fifteen) days.
(02) Accused to surrender to his bail bonds.
(03) The seized 05 nos. live E-tickets, 17 nos. used E-tickets,
01 no. A-4 size paper ( on which 26 personal User ID
were written), 01 no. IRCTC Agent Certificate, 02 nos.
diary, 01 no. note book, 07 nos. shop cover and 01 no.
visiting card of shop be destroyed, as per rules, after the
appeal period is over.
(04) The seized 01 no. assembled CPU, 01 no. Acer company
monitor, 01 no. Vivo company made mobile handset and
01 no. IRCTC Dongal, if in working condition be sold in
public auction and amount realized therefrom be
credited to Western Railway's account. If these articles
are not in working condition it be disposed of as per the
rules, after the appeal period is over.
(05) The amount of seized live E-tickets be confiscated to the
Western Railway.
(06) Copy of judgment be given to the accused free of
aa	e..
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(Tushar B. Waje)
Metropolitan Magistrate
Date :- 13.09.2025. 36" Court, Mumbai Central Railway, Mumbai.
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