Order 1

Order Details: Order below Ex-1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE
28TH COURT ESPLANADE MUMBAI
C.C.NO. 125/SW/2019
Order below EX NO. 1
1. The complainant has requested the court to direct, vide section 156(3) of
Code of Criminal Procedure (for the sake of brevity hereinafter referred as
Cr.P.C. in short), the police to register FIR against accused for the offence
punishable u/Sec. 406, 420 of Indian Penal Code (for the sake of brevity
hereinafter referred as I.P.C. in short).
2. I heard argument advanced by learned advocate for complainant. I have
gone through documents placed on record. It is pertinent to note that there is
nothing which could be seized with the help of police. The evidence which is
likely to become is in the form of documents which can otherwise also be
produced before court. So, I do not find any prospective of collection of
evidence by police. Further, the dispute alleged in the complaint has colour of
civil litigation. So, I am of the opinion that invoking the power u/Sec.156(3) of
Cr.P.C. would be a futile exercise. Under these circumstances, directions
u/s.156(3) of Cr.P.C. can not be given to the police as prayed for. Hence prayer
of complainant to direct the police u/Sec. 156(3) of Cr.P.C. is hereby rejected.
Matter be listed for recording evidence u/Sec. 200 of Cr.P.C.
Date: 07/02/2020 (Ketaki M. Chavan)
Metropolitan Magistrate
28th Court, Esplanade, Mumbai.
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