Interim Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 7 SW 2025 Prashant Vs Chetan and ors.
CNR-MHMM18-000651-2025
ORDER BELOW EXH.1
1. Perused complaint, documents and written arguments. Heard Ld.
Advocate for complainant and Ld. Advocates for proposed accused. After
recording examination of complainant and witnesses under Section 223
of B.N.S.S. notice was issued to proposed accused and opportunity of
being heard is given to proposed accused. Both parties have filed
relevant documents and written submissions.
2. Complainant has alleged that the proposed accused, during their
tenure as a trustee of Life of Lilavati Kirtilal Mehta Medical Trust
(Lilavati Hospital), have committed the act of black magic. This was
informed to the complainant by the staff members. On 21.09.2024 when
the floors of the office were removed by the engineers and labors, they
found total eight copper pots containing ash, rice, hair, etc. in the office.
This was discovered during the control of complainant as a permanent
trustee for Life of Lilavati Kirtilal Mehta Medical Trust (Lilavati
Hospital). Hence, the complainant has filed the present complaint for
offence punishable under Section 3(1)(2)(3) of the Maharashtra
Prevention and Eradication of Human Sacrifice and other Inhuman, Evil
and Aghori Practices and Black Magic Act, 2013.
3. The complainant and both witnesses have stated as above in their
examination recorded under Section 223 of B.N.S.S. The offence is
cognizable. It appears that the complainant has communicated written
complaint to the Sr.P.I. of Bandra Police Station, Mumbai so also to the
Dy. Commissioner of Police, Mumbai and Asst. Commissioner of Police,
Mumbai. The documents and photographs shows that the pots and the
articles therein, etc.
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C. C. No. 7 SW 2025 Prashant Vs Chetan and ors.
CNR-MHMM18-000651-2025
4. The Ld. Advocate for the proposed accused has cited following
case laws :
Basanagouda R. Patil Vs Shivananda S. Patil (2024 SCC OnLine
Kar 96), Suby Anthony Vs Judicial First-Class Magistrate-III (Deleted)
and ors. (2025 SCC OnLine Ker 532), Prateek Agarwal Vs State of U.P.
Thru. Addl. Chief Secy. Deptt. Home Lko. and anr. (2024 SCC OnLine All
8212), Mohammed Ibrahim and ors. Vs State of Bihar and anr. ((2009) 8
Supreme Court Cases) 751, State of Madhya Pradesh Vs Shilpa Jain and
ors. (2024 SCC OnLine SC 507), Krishna Lal Chawla & ors. Vs State of
U.P. and anr. ((2021) 2 S.C.R. 550) and State of Uttar Pradesh Vs
Singhara Singh and ors. (1963 SCC Online 23). I have perused cited case
law. The facts in cited case laws are distinguishable with the above facts
of case in hand. Hence, with utmost respect the cited case law is not
applicable to the case in hand.
5. Considering the aforesaid reasons I found that the complainant
has made out offence punishable under Section 3(1)(2)(3) of The
Maharashtra Prevention and Eradication of Human Sacrifice and other
Inhuman, Evil and Aghori Practices and Black Magic Act, 2013. Hence, I
inclined to issue the process against the proposed accused for said
offence. Accordingly, I proceed to pass the following order :
ORDER
Issue process against all the accused for offence punishable under
Section 3(1)(2)(3) of The Maharashtra Prevention and Eradication of
Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black
Magic Act, 2013.
MUMBAI (GIRISH S. MANE)
DATE – 08.12.2025 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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