Interim Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 18 SW 2020 S.B.I. Vs Amol Prabhu
CNR No.MHMM18-000367-2020
ORDER BELOW EXH.1
1. Perused record. Heard Ld. Advocate for the complainant.
2. This is an application under Section 156(3) of Code of Criminal
Procedure for direction to register offence against respondents/proposed
accused.
3. The offences alleged are of cognizable nature. Compliance of
Section 154(1) and 154(3) of Code of Criminal Procedure also done. But
application is not supported by valid affidavit, as such one of the
mandatory requirement is missing.
4. The complainant is a Public Sector Bank, approached this court
stating that accused by forging certain documents and misleading it
obtained loan of Rs.10 lacs and failed to repay it. Though nature of
allegations clearly reflect that whole evidence is of documentary nature
not a single document filed in support of complaint/application.
5. The prayer sought for is having serious consequences. There must
be sufficient material strong enough to warrant police investigation. The
status of the complainant is such that whole evidence is in its custody or
in custody of public offices. The applicant can produce it on its own. If
any additional documents felt necessary those can be collected through
police machinery by ordering investigation under Section 202 of Code of
Criminal Procedure. No case made out by applicant/complainant to grant
prayer sought for. Accordingly, order -
ORDER
Prayer for investigation under Section 156(3) of Code of Criminal
Procedure, is rejected. Matter is kept for recording of verification.
MUMBAI (KOMALSING RAJPUT)
DATE – 06.04.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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