Interim Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 25 SW 2022 Dr. Akhtar Vs Javed and ors.
CNR No.MHMM18-000994-2022
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, seeking direction to register the offence against the
respondents and carry out investigation in the alleged acts.
3. The application is supported by affidavit. Compliance of Section
154(2) done. Offences are of cognizable nature. Thus, the basic
requirements are satisfied.
4. It is the case of the applicant/complainant that he is the founder
Trustee of Rizvi Education Society, since year 1982, empowered to take
key decisions for functioning of the said Trust, which is running various
educational institute and also carrying out various social activities. The
accused persons are his nephew, daughter and first wife, respectively. The
Trust Rizvi Education Society is member of Mumbai Cricket Association
with all requisite rights and privileges. Applicant/complainant and his
wife are authorized signatories. In respect of the said cricket association
Accused No.1, Javed, resigned from the Trust and thus his membership
was seized. The change report was also filed after asking him to return all
belongings of Trust. The proceedings before Charity Commissioner are
going on, in respect of the said change report. The said accused by
conspiring with other two accused persons fabricated official letterheads
of the applicant/complainant purporting to be resolution of governing
body of Trust stating the name of the accused as representative/voter and
authorized signatory of Mumbai Cricket Association on behalf of Rizvi
College of Arts, Science and Commerce, with immediate effect. The
another such document is purporting to change the names of the
representatives/voters and authorized signatories of Mumbai Cricket
Association on behalf of above referred college. The
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C. C. No. 25 SW 2022 Dr. Akhtar Vs Javed and ors.
CNR No.MHMM18-000994-2022
applicant/complainant also narrated various facts alleging forgery on the
basis of certain inferences to be drawn on behalf of those facts. Therefore,
applicant/complainant approached Bandra Police Station, Mumbai. After
recording statement of applicant/complainant, immediately on next date it
is informed by concerned Investigating Officer that no element of
criminal offence found and investigation is closed. Therefore,
applicant/complainant approached this court.
5. The submissions of Ld. Advocate of the applicant/complainant are
in tune with the above facts pleaded. She also relied on various
documents in support of her contentions and observations of Supreme
Court in the case of Satish Mehra Vs. State (N.C.T. Delhi) and anr. (2012(13)
SCC 614), wherein certain observations made about the facts constituting
forgery.
6. From the facts pleaded and material produced it is clear that the
best witnesses are complainant and his office bearers. It is also clear that
the evidence is mainly of documentary nature, and those documents are in
custody of the applicant/complainant himself. He can produce those
documents to support his contentions. Thus, applicant/complainant
himself can lead the evidence. Further, if any such a need is felt, the
investigation under Section 202 of Code of Criminal Procedure, can be
ordered to collect additional evidence. Thus, there is no need of direction
as prayed for and recording of verification will serve the purpose with
liberty to lead additional evidence. The direction sought for is having
serious consequences, there must be strong case to order such direction
and consequent investigation. As discussed, there is no need of such
direction, therefore, following order -
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C. C. No. 25 SW 2022 Dr. Akhtar Vs Javed and ors.
CNR No.MHMM18-000994-2022
ORDER
Prayer for registration of offence and directing investigation as per
Section 156(3) of Code of Criminal Procedure is rejected. Matter is kept
for recording of verification of complainant.
MUMBAI (KOMALSING RAJPUT)
DATE – 09.03.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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