Full Order Text
Final Order 1 · 04 Feb 2023 · CNR MHMM180003132023
Order Details: Order Below EX 1 Pdf Text: C. C. No. 8 SW 2023 Mrs M Vs State and anr. CNR No.MHMM18-000313-2023 ORDER BELOW EXH.1 Summary of the contents of the application 1. By way of the present application, applicant Mrs. M, claimed that this is application under Section 156(3) of Code of Criminal Procedure. She contended that she is 44 years old and approached Respondent No.1, Police Station, hereinafter referred as Bandra P.S., but it malafidely and intentionally failed to perform its duty by registering offences punishable under Sections 376, etc. of Indian Penal Code, despite disclosure of cognizable offence committed by the Respondent No.2, hereinafter referred as respondent Mr. R. 2. On 14.11.2022, the applicant visited Bandra P.S. and submitted a detailed written complaint, annexed with the present application, as an Exh.A, alleging commission of grave sexual offences, as per Section 154(1) of Code of Criminal Procedure. She also sent said copy to Commissioner of Police, Mumbai. But no action taken. 3. Therefore, on 16.11.2022, the applicant, through her advocate attempted to obtain the information about the action taken by Bandra P.S., in respect of complaint lodged by her. On 21.11.2022, her statement was recorded in Marathi, which she can not read and understand. But First Information Report was not registered. Then on 09.12.2022, she sent show cause notice through her advocate to Bandra P.S., calling upon it to show cause why it neglected its duty. 4. The Bandra P.S., have no right or liberty to give any opinion or reject an application made under Section 154(1) of Code of Criminal Procedure, in cognizable offence of sexual nature. They can file only summary report, if no offence transpired. But by letter dated 22.12.2022, which is annexed as, Exh.D, with the present application, Bandra P.S., informed that no offence was transpired. Such action is illegal. 1 of 15 -- 1 of 15 -- C. C. No. 8 SW 2023 Mrs M Vs State and anr. CNR No.MHMM18-000313-2023 5. Applicant then narrated various legal provisions and observations of Supreme Court, in various cases, about the position of law, in respect of matters covered by Section 154 and Section 156(3) of Code of Criminal Procedure. Those being legal aspects, can not be reproduced. The applicant lastly prayed that direction be issued to Bandra P.S., to register the offence against respondent Mr. R, for offences mentioned in the present application. 6. Thus, the summary of the present application, Exh.1, is that there mentioned nothing about the allegations constituting offence. It states that it is an application under Section 156(3) of Code of Criminal Procedure about the allegations narrated in an Exh.A, annexed with it. Contents of the affidavit filed with main application, Exh.1. 7. The application is supported by affidavit. It is very short. It is mentioned in it that the main application is filed under Section 156(3) of Code of Criminal Procedure. Applicant is well versed with the facts and circumstances of the case. Therefore, she is competent to swear. The details provided in the present complaint have been entered as per her instructions. She has not filed any other case in any other court in respect of present complaint. The contents of the complaint and affidavit, are both read and explained to her. The complaint may be read as part of this affidavit. The facts are true and correct to the best of her knowledge and belief. 8. The affidavit is in support of the main application, Exh.1, in which nothing mentioned about the actual allegations constituting an offence of cognizable nature. It is just a sworn statement. It lacks connection with basic allegations, as required by law. 9. Thus, the main application and affidavit in support of it lacks basic pleadings constituting cognizable offence. 2 of 15 -- 2 of 15 -- C. C. No. 8 SW 2023 Mrs M Vs State and anr. CNR No.MHMM18-000313-2023 Contents of the annexture, Exh.-A 10. The summary of the allegations is that applicant came in contact with respondent, Mr. R, in the year 2000, who is 28 years older than the applicant. He got friendly and shared his business work with her across India, Hongkong, Thailand, etc. Subsequently, he requested applicant to marry with him. On 01.09.2002, they entered into marital tie, at Mumbai. There occurred physical relations amongst them on various occasions repeatedly. A daughter, who is now of 22 years of age, also born out of said wedlock. She was under belief that she is legally wedded wife of the respondent and had no idea that the respondent Mr. R, is already married and also having children from his previous marriage. On 22.09.2021, he suddenly left India for Dubai and not returned. He also refused to send financial aid to applicant and her daughter. Then she came to know about previous marriage of the respondent Mr. R, after making some inquiry. The act of the respondent Mr. R, amounts to deceitful sexual act without consent of the applicant, constitutes an offence punishable under Sections 376 and 493 of Indian Penal Code, besides other offences for non- registering of offence despite filing complaint of cognizable offence, etc. Summary of arguments advanced 11. The Ld. Advocate for the applicant in tune with the main application and annexture, Exh.A, relying on the material produced submitted that the applicant was deceived for substantial period and was sexually abused. Applicant approached Bandra P.S., and its seniors, but no action taken. Rather, it made inquiry, and came to conclusion that no offence transpired. The practice followed is totally unknown to law. The action taken is illegal, besides other aspects of the matter substantiating his allegations. The Ld. Advocate for the applicant also relied on the various judgments of Supreme Court, mainly, Lalita Kumari V/s. State of U.P. ((2014)2SCC1), State of Hariyana and Ors. V/s. Ch. Bhajan Lal and Ors. ((1992) 3 of 15 -- 3 of 15 -- C. C. No. 8 SW 2023 Mrs M Vs State and anr. CNR No.MHMM18-000313-2023 Supp(1)2 SCC335), deal of XYZ V/s. State of M.P. ((2022) SCC OnLine SC 1002), etc. Those are discussed in following paragraphs, as per their relevance. The requirements for ordering investigation U/Sec.156(3) of Cr.P.C. 12. From the statutory and precendential law, the following principles are now settled for invocation of jurisdiction under Section 156(3) of Code of Criminal Procedure. First, the allegations must constitute offence cognizable in nature. Second, applicant must initially approach police station and if no action taken, then to its superior officer as per Section 154(3), of Code of Criminal Procedure, pleading same allegations contending that no action taken. Third, that there must be application filed before court under Section 156(3) of Code of Criminal Procedure, containing details of allegations constituting cognizable offence. Forth, such application must be supported by affidavit containing all these allegations and affirming on oath that all the allegations are true and correct. All these basic requirements must be satisfied before ordering investigation as prayed for. The present application needs to be scrutinized in the light of these principles. Scrutiny of matter 13. If we perused whole record, it reflects that the main application, Exh.1, does not contain any allegations. It simply mentioned various acts done by the applicant for getting registered the offence on the basis of complaint filed by her Bandra P.S. Further, the affidavit containing details of allegations and affirming their correctness and truthfulness on oath is also not filed. Thus, some basic requirements mentioned above are not satisfied. The question arises whether application needs to be rejected. The following judgments also supports this view. 4 of 15 -- 4 of 15 -- C. C. No. 8 SW 2023 Mrs M Vs State and anr. CNR No.MHMM18-000313-2023 14. In the case of Priyanka Srivastav V/s. State of U.P. ((2015)6SCC287), Supreme Court, after discussing all pros and cons of the jurisdiction to be invoked under Section 156(3) of Code of Criminal Procedure, observed that, Para. 29. In our considered opinion, a stage has come in this country where Section 156(3) Cr.P.C. applications are to be supported by an affidavit duly sworn by the applicant who seeks the invocation of the jurisdiction of the Magistrate. That apart, in an appropriate case, the learned Magistrate would be well advised to verify the truth and also can verify the veracity of the allegations. This affidavit can make the applicant more responsible. We are compelled to say so as such kind of applications are being filed in a routine manner without taking any responsibility whatsoever only to harass certain persons. That apart, it becomes more disturbing and alarming when one tries to pick up people who are passing orders under a statutory provision which can be challenged under the framework of said Act or under Article 226 of the Constitution of India. But it cannot be done to take undue advantage in a criminal court as if somebody is determined to settle the scores. Para. 30. We have already indicated that there has to be prior applications under Section 154(1) and 154(3) while filing a petition under Section 156(3). Both the aspects should be clearly spelt out in the application and necessary documents to that effect shall be filed. The warrant for giving a direction that an the application under Section 156(3) be supported by an affidavit so that the person making the application should be conscious and also endeavour to see that no false affidavit is made. It is because once an affidavit is found to be false, he will be liable for prosecution in accordance with law. This will deter him to casually invoke the authority of the Magistrate under Section 156(3). That apart, we have already stated that the veracity of the same can also be verified by the learned Magistrate, regard being had to the nature of allegations of the case. We are compelled to say so as a number of cases pertaining to fiscal sphere, matrimonial dispute/family disputes, commercial offences, medical negligence cases, corruption cases and the cases where there is abnormal delay/laches in initiating criminal prosecution, as are illustrated in Lalita Kumari are being filed. That apart, the learned Magistrate would also be aware of the delay in lodging of the FIR. In the case of Sayed Anwar Ahmed and anr. Vs State Of Maha. and anr. ((2017)SCC OnLine Bom 3972), our parent High Court, dealt with same issue and observed that, Para.25 To summarise, (a) While dealing with a Complaint seeking an action under Sub- Section (3) of Section 156 of Cr.P.C, the learned Magistrate cannot act mechanically. He 5 of 15 -- 5 of 15 -- C. C. No. 8 SW 2023 Mrs M Vs State and anr. CNR No.MHMM18-000313-2023 is required to apply his mind to the contents of the Complaint and the documents produced along with the Complaint ; (b) An Order passed on the said Complaint must record reasons in brief which should indicate application of mind by the Magistrate. However, it not necessary to record detailed reasons; (c) The power under Sub-Section (3) of Section 156 is discretionary. Only because on plain reading of the Complaint, a case of commission of cognizable offence is made out, an Order of investigation should not be mechanically passed. In a given case, the learned Magistrate can go in to the issue of the veracity of the allegations made in the Complaint. The learned Magistrate must also consider the other relevant aspects such as the inordinate delay on the part of the Complainant. The nature of the transaction and pendency of civil proceedings on the subject are also relevant considerations; (d) When a Complaint seeking an action under Sub-Section (3) of Section 156 is brought before the learned Metropolitan Magistrate or the learned Judicial Magistrate, it must be accompanied by an affidavit in support as contemplated by the decision of the Apex Court in Priyanka Srivastava. The affidavit must substantially comply with the requirements set out in Chapter VII of the Criminal Manual and especially paragraphs 5 and 8 which are quoted above; and (e) Necessary averments recording compliance with Sub- Sections (1) and (3) of Section 154 of the Cr. P. C. should be incorporated with material particulars. Moreover, the documents in support of the said averments must filed on record. 15. Thus, as the main application lacks basic pleadings constituting offence of cognizable nature, and as it is also not supported by affidavit as required by law. In the light of above observations, technically speaking the application is bound to be rejected. 16. But before passing such order, in the interest of justice certain other aspects needs consideration. Directly passing order of dismissal of complaint/application may have an effect of following somewhat hyper technical approach. For this purpose observations made in recent judgment of Supreme Court, in the case of XYZ Vs. State of Madhya Pradesh & Ors. (2022 SCC OnLine SC 1002, relied by applicant, are also very important as - Para.24. Therefore, in such cases, where not only does the Magistrate find the commission of A cognizable offence alleged on a prima facie reading of the complaint 6 of 15 -- 6 of 15 -- C. C. No. 8 SW 2023 Mrs M Vs State and anr. CNR No.MHMM18-000313-2023 but also such facts are brought to the Magistrate's notice which clearly indicate the need for police investigation, the discretion granted in Section 156(3) can only be read as it been the Magistrate's duty to order the police to investigate. In cases such as the present, wherein, there is alleged to be documentary or other evidence in the physical possession of the accused or other individuals which the police would be best place to investigate and retrieve using the powers under the CrPC, the matter ought to be sent to the police for investigation. Para.25. Especially in cases alleging sexual harassment, sexual assault or any similar criminal allegation wherein the victim has possibly already been traumatized, the Courts should not further burden a complainant and should press upon police to investigate. Due regard must be had to the fact that it is not possible for the complainant to retrieve important evidence regarding her complaint. It may not be possible to arrive at the truth of the matter in absence of such evidence. The complainant would then be required to prove her case without being able to bring relevant evidence (which is potentially of great probative value) on record, which would be unjust. After Paragraph Nos.26 to 29, it is further observed that, Para.30. Finally, we wish to once again reiterate the importance of courts dealing with complainants of sexual harassment and sexual assault in a sensitive manner. It is important for all courts to remain cognizant of the fact that the legal process tends to be even more onerous for complainants who are potentially dealing with trauma and societal shame due to the unwarranted stigma attached to victims of sexual harassment and assault. At this juncture, especially in cases where the police fails to address the grievance of such complainants, the Courts have an important responsibility............. In case of Panchbhai Popatbhai Butani and ors. V/s. State of Maharashtra and ors. (2009 SCC OnLine Bom. 1983), our parent High Court, dealt with following two issues, wherein one of the issue is whether application having proper pleadings is required, without filing a complaint within the meaning of Section 2(d) of Code of Criminal Procedure. Those points for reference and observations made while answering them, are as - Para.16. From the bare reading of the above Order of Reference, it appears to contain two questions, namely, (i) whether in absence of a complaint to the police, a complaint can be made directly before a Magistrate ? and (ii) whether without filing a complaint within the meaning of Section 2(d) and praying only for an action under Section 156(3), a complaint before a Magistrate was maintainable ? 7 of 15 -- 7 of 15 -- C. C. No. 8 SW 2023 Mrs M Vs State and anr. CNR No.MHMM18-000313-2023 And while answering further observed that Para.64. In view of our above discussion, we record our answers to the questions of law posed before us, as follow:- Answer to Question No. (i) Normally a person should invoke the provisions of Section 154 of the Code before he takes recourse to the power of the Magistrate competent to take cognizance under Section 190 of the Code, under Section 156(3). Atleast an intimation to the police of commission of a cognizable offence under Section 154(1) would be a condition precedent for invocation of powers of the Magistrate under Section 156(3) of the Code. We would hasten to add here that this dictum of law is not free from exception. There can be cases where non-compliance to the provisions of Section 154(3) would not divest the Magistrate of his jurisdiction in terms of Section 156(3). There could be cases where the police fail to act instantly and the facts of the case show that there is possibility of the evidence of commission of the offence being destroyed and/or tampered with or an applicant could approach the Magistrate under Section 156(3) of the Code directly by way of an exception as the Legislature has vested wide discretion in the Magistrate. Answer to Question No. (ii) A Petition under Section 156(3) cannot be strictly construed as a complaint in terms of Section 2(d) of the Code and absence of a specific or improperly worded prayer or lack of complete and definite details would not prove fatal to a petition under Section 156(3), in so far as it states facts constituting ingredients of a cognizable offence. Such petition would be maintainable before the Magistrate. Para.65. We answer the questions of law accordingly. The matters be listed before a appropriate bench for disposal in accordance with law. While coming to these conclusions, while discussing various aspects about the necessity of application in a particular format for invocation of jurisdiction under Section 156(3) of Code of Criminal Procedure, following observations made, restricting the law of pleadings in the domain of criminal law. Those observations, are as - Para.55. Non prescription of statutory or judge made law as to the format of a complaint or a petition clearly indicates that it would hardly be possible for the Courts to reject a complaint/petition on the ground of its format alone, insofar as it satisfies ingredients of an offence and avers inaction of the police or makes out a case justifying direct intervention of the Court. As already noticed, a crime is an act deemed by law to be harmful to the society in general even though its immediate victim is an individual. (Ref.: Salmond on Jurisprudence, Twelfth Edition by P.J. Fitzgerald). The distinction between infringement of civil rights and committing a cognizable offence within the provisions of Indian Penal Code or any other law is clear and in the later it is beyond the matter of mere 8 of 15 -- 8 of 15 -- C. C. No. 8 SW 2023 Mrs M Vs State and anr. CNR No.MHMM18-000313-2023 compensation. Even to criminal jurisprudence, the law of pleading is applicable to certain extent. Thus where a person files a complaint under Section 200 of the Code of Criminal Procedure, he is expected to state the facts giving details and correct versions which would amount to committing of an offence alleged. It has to satisfy the basic ingredients of such an offence and it is expected of the complainant to make a proper complaint as contemplated under Section 2(d) of the Code with appropriate prayers. In contra- distinction to this, such strict rule of pleadings cannot be made applicable to the provisions of Section 156(3) of the Code as it is result of a default and even intimation in appropriate format may suffice the purpose in some cases. That certainly does not mean that under Section 156(3) properly drafted petition cannot be moved. Rather if a petition with complete facts, stating detailed and definite events essential to constitute the offence alleged to have been committed is presented and the prayers have been made, discretion of the Magistrate would be much wider than merely directing investigation in terms of Section 156(3) and the Court even could take cognizance of the offence if the complaint is filed under Section 200 of the Code. If a complaint does not disclose a cognizable offence with proper facts, it may be liable to be dismissed and/or rejected by the Magistrate. 17. From the above observations and directions issued it is clear that the offences involving sexual assault, etc. against woman must be dealt with courts by utmost sensitivity. Technical aspects should not hinder the interest of justice. To meet this end the pleadings should not be strictly required as required in civil cases. 18. Admittedly, the alleged offence is of grave sexual assault. The application, Exh.A, annexed with main application narrates the major acts constituting offence though affirmed by affidavit. There is ample material produced on record to show that marriage took place and child also born out of it. If we considered the requirements, as mentioned in preceding Paragraph No.12, in the light of above observations it can be said that considering the peculiar and serious nature of allegations, the applicant can be absolved from certain compliances i.e. want of pleadings in the main application and affidavit, in support of it. Rejecting present application, for want of proper compliance, which is otherwise already done in different way, may have effect of following hyper technical approach at the cost of justice. Therefore, rather than following such 9 of 15 -- 9 of 15 -- C. C. No. 8 SW 2023 Mrs M Vs State and anr. CNR No.MHMM18-000313-2023 approach, the Code of Criminal Procedure being the procedural law, the application needs to be considered in the light of facts came on record from the other material produced and the observations made in the cases of XYZ V/s. State of M.P. ((2022) SCC OnLine SC 1002), and Panchbhai Popatbhai Butani and ors. V/s. State of Maharashtra and ors. (2009 SCC OnLine Bom. 1983). 19. It is contended by the applicant, though not in main application, but in annexture, Exh.A, it can be said to be part and parcel of main application, that respondent Mr. R, suppressed the fact of his first marriage from the applicant and remarried with her. He established physical relations taking advantage of this fact. The consent given by applicant for those relations is obtained by him under fraud. Therefore, his act constitutes rape within the meaning of Section 375 of Indian Penal Code. The events followed also constitutes other cognizable offences. The documents produced showed the applicant solemnized marriage, daughter born out of it and applicant was in company of respondent Mr. R, for substantial time. It further reflects that she came to know about the concealment of fact of first marriage after completing 20 years or more, in the year 2021. 20. But it is necessary to mention that applicant has not immediately preferred to take action. She maintained silence for substantial time and then approached police and then this court as no action was taken by police after doing inquiry. Thus, there is delay on the part of applicant in approaching law enforcing agency. The initial contention of want of knowledge of first marriage, even if presumed to be true the later part of delay in approaching police and court is not explained by her. 21. In addition to it, the facts and circumstances pleaded seems to be occurred out of marital discord as respondent Mr. R, severed ties with the applicant and not paying maintenance to applicant and her daughter. 10 of 15 -- 10 of 15 -- C. C. No. 8 SW 2023 Mrs M Vs State and anr. CNR No.MHMM18-000313-2023 Further, it is also came on record in the mean time, i.e. in the year 2006, itself respondent Mr. R, divorced his first wife. It means the illegality or the alleged offence was continued only upto year 2006. Further, though the fact of non-filing of proper affidavit can not be considered in the light of peculiar facts of this matter, however, it can not be totally ignored to consider the prayer and allow it. The said fact is definitely having some bearing on the final order. 22. This aspect of delay in approaching police, non-filing of affidavit and the facts mentioned above about the nature of relationship create a shadow of doubt on the allegations. However, law is well settled in this regard also. The truth or falsity of allegations can not be gone into for issuing directions, under Section 156(3) of Code of Criminal Procedure. Such consideration is beyond the purview of jurisdiction conferred by this provision. 23. Thus, there occurred two contradictory situations before this court, on one hand the allegations constitute cognizable offence. All the other requirements, except affidavit in support of allegations, are duly satisfied. Technicalities needs to be ignored and prayer can be allowed. 24. On the other hand, it can not be ignored that the order sought for is having serious implications. Allegations are not supported by affidavit. The allegations are out of marital ties. There is tremendous delay in approaching police, without any explanations resulted in such delay. Further, the copy of decree produced on record, shows that the divorce was already given by respondent Mr. R, to his first wife in the year 2006, itself. It is further noticed that the Bandra P.S., has not totally ignored the complaint lodged by applicant rather it carried out some inquiry. In this initial inquiry it is allegedly transpired that it came to the conclusion that no offence was made out and no action taken, though those documents 11 of 15 -- 11 of 15 -- C. C. No. 8 SW 2023 Mrs M Vs State and anr. CNR No.MHMM18-000313-2023 not furnished to applicant, on the basis of which such preliminary inquiry done and conclusion was drawn. 25. Then question arises what action can be resorted to where interest of both the parties can be balanced. The applicant, besides other citations, also relied on judgment of Supreme Court, in the renowned case of Lalita Kumari V/s. State of U.P. ((2014) 2 SCC 1). In this matter Supreme Court, collectively considered Sec.154 of Code of Criminal Procedure vis-a-vis powers of Magistrate under Section 156(3), if First Information Report is not registered. It also considered the scope of preliminary inquiry in cases of cognizable nature, and in concluding paragraphs, made observations as follows - Para.111. In view of the aforesaid discussion, we hold: i) Registration of FIR is mandatory under Section 154 of the Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation. ii) If the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not. iii) If the inquiry discloses the commission of a cognizable offence, the FIR must be registered. In cases where preliminary inquiry ends in closing the complaint, a copy of the entry of such closure must be supplied to the first informant forthwith and not later than one week. It must disclose reasons in brief for closing the complaint and not proceeding further. iv) The police officer cannot avoid his duty of registering offence if cognizable offence is disclosed. Action must be taken against erring officers who do not register the FIR if information received by him discloses a cognizable offence. v) The scope of preliminary inquiry is not to verify the veracity or otherwise of the information received but only to ascertain whether the information reveals any cognizable offence. vi) As to what type and in which cases preliminary inquiry is to be conducted will depend on the facts and circumstances of each case. The category of cases in which preliminary inquiry may be made are as under: a) Matrimonial disputes/ family disputes b) Commercial offences 12 of 15 -- 12 of 15 -- C. C. No. 8 SW 2023 Mrs M Vs State and anr. CNR No.MHMM18-000313-2023 c) Medical negligence cases d) Corruption cases e) Cases where there is abnormal delay/laches in initiating criminal prosecution, for example, over 3 months delay in reporting the matter without satisfactorily explaining the reasons for delay. The aforesaid are only illustrations and not exhaustive of all conditions which may warrant preliminary inquiry. vii) While ensuring and protecting the rights of the accused and the complainant, a preliminary inquiry should be made time bound and in any case it should not exceed 7 days. The fact of such delay and the causes of it must be reflected in the General Diary entry. viii) Since the General Diary/Station Diary/Daily Diary is the record of all information received in a police station, we direct that all information relating to cognizable offences, whether resulting in registration of FIR or leading to an inquiry, must be mandatorily and meticulously reflected in the said Diary and the decision to conduct a preliminary inquiry must also be reflected, as mentioned above. 26. The summary of these observations, is that the preliminary inquiry is not contemplated under Code of Criminal Procedure, in case of cognizable offences. However, in exceptional cases such as matrimonial or family disputes, commercial offences, medical negligence, corruption cases and cases where there is abnormal delay/laches, etc., covered by peculiar facts and circumstances, preliminary inquiry can be done or ordered before registration of First Information Report. However, such preliminary inquiry should be time bound and should not exceed 15 days or at the most for adequate reasons, not beyond six weeks. While doing so the diary must be maintained reflecting the details of inquiry done. 27. Considering the seriousness of allegations pleaded and the peculiar nature of facts and circumstances occurred, the interest of justice demands that the grievances of the applicant must be redressed. But at the same time it should be keep in mind that the respondent Mr. R, the proposed accused, should not be prejudiced if First Information Report is registered. For the reasons discussed above, which clearly depicting peculiar facts and circumstances, born out of marital ties to some extent 13 of 15 -- 13 of 15 -- C. C. No. 8 SW 2023 Mrs M Vs State and anr. CNR No.MHMM18-000313-2023 and there is unexplained delay in approaching police authorities for registration of offence, I am of the opinion before directly ordering registration of First Information Report, preliminary inquiry with some riders as provided, needs to be ordered, by taking aid of above observations so that balance of interests of both the parties can be maintained. Accordingly, in the interest of justice, following order - ORDER a. Application is allowed in following terms. b. The P.S.O., Police Station Bandra, Mumbai, is herewith directed to make the preliminary inquiry into the allegations made by present applicant in application filed before the said police station on 14.11.2022, annexed herewith as an Exh.A, and conclude it within 15 days, from the receipt of the order of this court. c. It is further directed that if concerned Investigating Officer, of Police Station Bandra, Mumbai, comes to conclusion that any offence transpires from such preliminary inquiry, he is directed to register the offence immediately on the basis of allegations made and carry out further investigation as per law. d. It is further directed that if he comes to some other conclusion and not registered the offence he shall communicate such conclusion in written to the applicant and shall also furnish all the papers of preliminary inquiry, permissible by law, with such communication. e. It is further directed that while doing so the concerned inquiry officer must maintain case diary/diary of proceedings, containing the proper record of the inquiry or investigation done by him. f. The certified copy of the application Exh.1 along with documents produced shall be sent to concerned police station. 14 of 15 -- 14 of 15 -- C. C. No. 8 SW 2023 Mrs M Vs State and anr. CNR No.MHMM18-000313-2023 g. Application is disposed off. MUMBAI (KOMALSING RAJPUT) DATE – 04.02.2023 M.M., 12TH COURT, BANDRA, MUMBAI 15 of 15 -- 15 of 15 --
