Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 23 SW 2024 Keren and ors. Vs Christopher and ors.
CNR-MHMM18-001927-2024
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 against police authorities to register the
offence and investigate the matter.
3. Application is supported by affidavit. The compliance of Section
154(2) is also done. The alleged offences are of cognizable nature. Thus,
basic requirements are satisfied.
4. The summary of the allegations in present complaint/application
are as -
The complainants and accused are kins. Their father, now
deceased, Mr. Benedict Joseph Curzai, is survived by wife, sons
(proposed accused persons) and daughters (complainants/applicants). He
left behind property bearing C.T.S. No.B/1118, 1119 and 1120, situated
at 9, St. John Baptist Road, Bandra West, Mumbai.
The complainants and accused are only legal heirs of their father
and are having equal share in the property. The complainants are residing
abroad. Taking advantage of this fact the proposed accused persons
represented themselves as only legal heirs of deceased Mr. Benedict, their
father and mutated their names in the property card leaving the
complainants with intention to cheat complainants.
For the said purpose they filed false application, forged certain
documents particularly Indemnity Bond and Family Arrangement/
Settlement, showing that they are the only legal heirs of the deceased Mr.
Benedict. They also given false statements for their wrongful gain and
wrongful loss to complainants.
When complainants demanded their share after development of
property they came to know about the above acts committed by proposed
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C. C. No. 23 SW 2024 Keren and ors. Vs Christopher and ors.
CNR-MHMM18-001927-2024
accused persons. Therefore, they approached District Superintendent of
Land Records, Mumbai Suburban, and prayed for condonation of delay to
file application for correction of the entries. But said application was
rejected. Complainants then approached Bandra Police Station, Mumbai,
but no purpose served. Therefore, they approached this court.
5. The submissions of Ld. Advocate for the complainants are in tune
with this case. Besides, contents of the complaint/application, he relied on
various documents showing how documents were forged and the
complainants were deprived.
6. The allegations made in the application clearly made out the
offence of cheating and forgery. The allegations are very specific
narrating details of the disputed forgery. Those are supported by
documentary evidence. From the contents of the complaint and the
documents relied by the complainants/applicants it can be inferred that
with intention to defraud the complainants proposed accused persons
forged documents i.e. Indemnity Bond and Family Arrangement/
Settlement. Therefore, it can be said that prima facie accused cheated the
complainants and also committed forgery, etc. Thus, there is strong need
of investigation through police machinery so that proper evidence can be
collected.
7. 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. Application is allowed.
B. The P.S.O. Bandra Police Station, Bandra, Mumbai, is herewith
directed to register the offence punishable under Sections 420, 463, 465,
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C. C. No. 23 SW 2024 Keren and ors. Vs Christopher and ors.
CNR-MHMM18-001927-2024
467 and 472 r/w. 34 of Indian Penal Code, against proposed accused
persons and investigate the matter as per Section 156(3) of Code of
Criminal Procedure.
C. The certified copy of the application Exh.1 along with documents
produced shall be sent to concerned police station.
D. Application is disposed off.
MUMBAI (KOMALSING RAJPUT)
DATE – 10.05.2024 M.M., 12TH COURT, BANDRA, MUMBAI
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