Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 27 SW 2022 Chintamani Vs Vimal and ors.
CNR-MHMM18-001022-2022
ORDER BELOW EXH.1
1. Perused record. The present application is filed stating it to be
complaint under Section 190 of Code of Criminal Procedure, but Ld.
Advocate drawn attention towards the prayer clause and submitted that it
is an application under Section 156(3) of Code of Criminal Procedure
seeking direction to register the First Information Report and investigate
the allegations mentioned in it.
2. The alleged offences are cognizable and non-bailable. Application
is supported by affidavit. The compliance of Sec.155(2) of Code of
Criminal Procedure not seems to be done.
3. It is alleged that the property mentioned in the property mentioned
in the complaint, complainant owes 50% of the share. The remaining 50%
is owned by Accused Nos.1 to 4. He is residing in Australia. Taking
advantage of it these accused persons without permission of complainant
rented it to Accused No.6. Complainant returned to India and came to
know about it. Accused No.6, was removed from there, but later on
illegally reentered at odd hours and put his goods there. Therefore, this
complaint.
4. Majority of the allegations are of such a nature in which
complainant himself is a witness and he is the possessor of main
evidence. He can bring it on record. If any additional need of collection of
any other evidence is felt it can be collected by ordering investigation at
later point of time as per Section 202 of Code of Criminal Procedure.
Therefore, there is no need of direction prayed for. The recording of
verification of the complainant will serve the purpose. Therefore,
verification is ordered to be recorded.
MUMBAI (KOMALSING RAJPUT)
DATE – 24.02.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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