Interim Order 1

Order Details: copy of Order
Pdf Text: C. C. NO.871/Misc/2025
ORDER BELOW EXH-1
Heard advocate Shri. R. D. Daware for the complainant. I
have carefully gone through the allegations made in the complaint. The
request is made for issuance of directions to the police to conduct
investigation under section 175(3) of BNSS.
2. It is cardinal principle that when the commission of
cognizable offence is prima facie apparent then the concerned police is
duty bound to register the F.I.R. and conduct the investigation.
Wherein after filing of the complaint, notice was issued to police calling
upon them to file their detailed reply in respect of information / report
given by the complainant at Police Station. Wherein S.H.O., P.S.
Parksite filed the report on 04/10/2025 (
Exh-4). Perusal of the report
reveals that there is prima facie involvement of the accused in the
alleged offence. The contentions of complainant is also supported by
affidavit. The description of alleged acts committed by the accused is
given in precise and exclusive manner and also supported by the report
given by the S.H.O., and exclusive manner also supported by the report
given by the S.H.O., P. S. Parksite. Prima facie the complainant is able
to establish the commission of offences as alleged. Therefore, it would
be just and proper to direct S.H.O., P. S. Parksite to register the offence
against the accused as prayed for. Hence, proceeds to pass the
following order:
ORDER
1. The application is allowed.
2. The concerned police is directed to conduct investigation and
take appropriate steps under section 175(3) of BNSS.
Date :- 09/07/2026
Place:-Vikhroli.
(P. V. Hingne)
Addl. Chief Judicial Magistrate,
31st Court, Vikhroli, Mumbai.
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