Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 25 SW 2023 Satish Vs Anuradha and anr.
CNR-MHMM18-001194-2023
C. C. No.26 SW 2023 Asha Vs Anuradha and anr.
CNR-MHMM18-001287-2023
COMMON ORDER BELOW EXH.1
(In C. C. Nos.25/SW/2023 and 26/SW/2023)
1. Perused record. Heard Ld. Advocate for the complainant/applicant
in both these matters.
2. These applications filed 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. Both these applications are supported by affidavits. Compliance of
Section 154(2) done. Offences are cognizable in nature. Thus, the basic
requirements in both the matters are satisfied.
4. The summary of the allegations is that both these applicants were
in need of house for their residence and came in contact with respondent
Mr. Vijay Shantaram Shinde. On an inquiry with him he assured them of
a house and shown them two storied house, Room No.135, First Floor,
Chawl No.12, Matunga Labour Camp, Matunga, Mumbai – 400 019. It is
informed to them that the said house is owned by respondent Mrs.
Anuradha Balkrishna Salavi, who is ready to rent it on heavy deposit.
Accordingly, applicants Mr. Satish Ramkrushna Ingale and Mrs. Asha
Gautam Waghmare, paid them an amount of Rs.6,00,000/- and
Rs.5,50,000/- respectively, for both the floors.
5. Later on it is came to know that this house is actually owned by
Smt. Lata Tambe, which fact was known to respondents prior to entering
into of transactions by respondents with applicants. There is ample
evidence in support of this fact. The documents produced particularly
bank statements and Leave and License Agreements, show that the
amounts mentioned are paid to respondents. They deliberately defrauded
both the applicants and obtained amounts.
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C. C. No. 25 SW 2023 Satish Vs Anuradha and anr.
CNR-MHMM18-001194-2023
C. C. No.26 SW 2023 Asha Vs Anuradha and anr.
CNR-MHMM18-001287-2023
6. The whole evidence needs to be collected, which involved several
intricacies which are not possible without assistance of police. Despite
approaching concerned police authorities and their seniors no purpose
served. The record reflects that there are several offences registered
against respondent Mrs. Anuradha, which are of same nature and she
cheated several persons. Considering the nature of the allegations, stake
involved in it and possibility of widening of ambit of investigation and
the above observations I am of the opinion that it is necessary to issue
directions as prayed for. Therefore, following order-
ORDER
A. Both the applications allowed.
B. The P.S.O. Shahu Nagar, Mumbai, is herewith directed to register
common F.I.R., against respondents for offences punishable under
Sections 406, 416 and 420 r/w. 34 of Indian Penal Code, and investigate
the matter as per Section 156(3) of Code of Criminal Procedure.
C. The certified copies of the applications Exh.1, in both the matters
along with documents produced shall be sent to concerned police station.
D. Copy of order shall be kept in both the matters.
E. Applications disposed off.
MUMBAI (KOMALSING RAJPUT)
DATE – 07.10.2024 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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